!«fH!|i!ttB!i!tfllili'ilii(iiHli'tii! mm CORNELL UNIVERSITY LIBRAkY FROM The Chas.H.Hiill Estate DATE DUE tlBir"''^8000 Cornell University Library E 302.6.I6G51 Jared Ingersoll; a study of American loya 3 1924 008 083 010 Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924008083010 YALE HISTORICAL PUBLICATIONS MISCELLANY VIII PUBLISHED UNDER THE DIRECTION OF THE DEPARTMENT OF HISTORY FROM THE INCOME OF THE FREDERICK JOHN KINGSBURY MEMORIAL FUND gl.JU X,5^-^ JARED INGERSOLL A STUDY OF AMERICAN LOYALISM IN RELATION TO BRITISH COLONIAL GOVERNMENT By LAWRENCE HENRY GIPSON, Ph.D. Profeaaor of History and Political Science, Wabash College This Essay Was Awarded the John Addison Porter Prize, Yale University, 1918 NEW HAVEN: YALE UNIVERSITY PRESS LONDON: HUMPHREY MILFORD OXFORD UNIVERSITY PRESS MDCCCCXX COPYRIGHT, IqW YALE UNIVERSITY PRESS 7/ o/by TO JEANNETTE REED GIPSON PREFACE In the present study an attempt has been made to illumi- nate certain aspects of the very complex relationship existing between England and her American colonies during the later colonial period. For this purpose the life of Jared IngersoU of New Haven, Connecticut, has been selected as the central theme. Probably no one was more intimately identified with the last disastrous phases of the British experiment with a reorganized system for administering American affairs than was IngersoU, and it is also probable that no one in America possessed a more intelligently sympathetic comprehension of what the home government had in mind or strove more ear- nestly and ably to persuade his fellow countrymen to accept the ministerial program in good faith. Judge IngersoU stands as representative of a group, the impor- tance and numerical weight of which has not, at least until very recently, been fully appreciated. He was no more a radical in his support of the crown than was John Dickinson in his support of the colonists. While he opposed the propaganda of the liberty group whenever the occasion seemed to demand it, his opposition never was manifested in violent reaction. In other words, he was a loyalist but a moderate; while at times he dis- played great courage in defending his position he was characteristically cautious; he typifies the innate con- servatism of the man of property who prospers and consequently is satisfied in the midst of discontent. In interpreting the life of Jared IngersoU I have sought to present as fully as space will permit what may 8 PREFACE be called the environmental factors, and in this connec- tion I have especially emphasized the drift of affairs and the ebb and flow of opinion in Connecticut and especially at New Haven, where IngersoU throughout his public career, whether present or absent, had a powerful and not infrequently a dominating influence. I first became interested in the life of Jared IngersoU in 1910 in connection with a seminar conducted by Pro- fessor "Wilbur C. Abbott of Yale University, in which certain British imperial problems of the eighteenth cen- tury were studied. At that time I prepared a paper upon the public career of IngersoU and the present volume in a sense is an expansion of that paper. I desire to ex- press my indebtedness to Professor Abbott for his en- couragement and the help that he has so generously extended to me at all times. In returning to Yale Uni- versity in 1917 as the Bulkeley Fellow in American His- tory, I entered the seminar of Professor Charles M. Andrews in American Colonial Institutions and in this seminar I worked out the institutional problems bearing upon my subject and developed the volume along its present lines. Professor Andrews's deep knowledge of the institutional life of this period has been of the great- est value to me and has saved me from falling into more than one error. I am also under particular obligations to the Department of History of Yale University for making it possible for me to obtain transcripts of numer- ous documents in British archives, not otherwise acces- sible to me. The New Haven Colony Historical Society very generously allowed me to make use of the Jared IngersoU manuscripts, although at the time Dr. Franklin P. Dexter was editing for publication a select group of the papers, and Mr. Albert C. Bates of the Connecticut Historical Society, among other courtesies, kindly per- mitted me to take notes from the manuscripts of the PEEFACE 9 Fitch Papers, which at the time he was editing for pub- lication. Mr. Frederick Bostwick of the New Haven Colony Historical Society, Mr. George S. Godard of the Connecticut State Library, Mr. Gaillard Hunt of the De- partment of State, Mr. John C. Fitzpatrick of the Manu- script Division of the Library of Congress, Mr. John W. Jordan of the Historical Society of Pennsylvania, Mr. Samuel A. Green of the Massachusetts Historical Soci- ety, Mr. Eobert H. Kelby of the New York Historical Society, Mr. Victor H. Paltsits of the Manuscript Divi- sion of the New York Public Library, Dr. Franklin B. Dexter of the Yale University Library, Professor Simeon E. Baldwin of the Law School, Yale University, Mr. Clar- ence S. Brigham of the American Antiquarian Society, Mr. George Pratt IngersoU of Ridgefield, Connecticut, and Mr. William M. Meigs of Philadelphia, have all given to me valuable aid, as have also numerous Connecticut state, county, and municipal officials. Professor RoUo W. Brown of Carleton College, Dr. Alice Edna Gipson of New Haven, my sister, and Jeannette Reed Gipson, my wife, have assisted me in various ways in preparing the manuscript for publication. Lawrence H. Gipson. "Wabash College, November 1, 1919. CONTENTS Preface ....... 7 I. Eighteenth Century Colonial New Haven . 13 II. Early Days. The Office of King's Attorney 35 III. IngersoU's First London Agency, 1758- 1761. The Affair of the St. Joseph and St. Helena. IngersoU in London . 60 IV. Connecticut Vice-Admiralty Jurisdiction. The Preservation of the King's Woods in Connecticut. The Wentworth-Inger- soU Struggle for the Masting Trade of New England 79 V. The Passing of the Stamp Act . . . Ill VI. The Eise of Opposition to the Stamp Act in Connecticut ..... 149 VII. The Sons of Liberty and the Connecticut Government ..... 195 VIII. A New Haven County Justice of the Peace. The Passing of the Townshend Act . 229 IX. Connecticut and Non-Importation . . 252 X. The Search for Preferment. Judge of the Court of Vice-Admiralty for the Mid- dle Colonies 290 XI. IngersoU and the Susquehanna Dispute. The Submerging of the IngersoU Group at New Haven ..... 314 XII. The Outbreak of Hostilities. New Haven Patriots and Loyalists. IngersoU a Prisoner on Parole .... 337 Bibliography 377 Index 385 CHAPTER I EIGHTEENTH CENTURY COLONIAL NEW HAVEN^ It is the purpose of this chapter to deal with the en- vironment within which Jared IngersoU, the subject of the present study, rose to prominence as one of the lead- ing figures connected with the British colonial adminis- trative system in America. This environment was the background of those developing forces in Connecticut which culminated in the dramatic appeal to arms against Great Britain on the part of the radical group within the colony in opposition to the conservative elements under the recognized leadership of IngersoU. Colonial New Haven of the eighteenth century, the home of IngersoU, was a progressive town; not only Connecticut's cultural center, but, with Hartford, a joint capital, and one of the most populous and wealthy of the semi-agricultural, semi-trading communities within that colony, which, unlike Massachusetts and New York, pos- sessed no metropolis. In 1756 it was third in population within the colony, but by 1774 had outstripped its rivals and taken first place, increasing from 5085 inhabitants 1 As this chapter is largely introductory in character it has been deemed advisable to omit all footnotes. The following are the chief sources upon which the writer has drawn: The Connecticut Colonial Secords, the Con- necticut Gazette and other contemporary newspapers, Extracts from the Itineraries and Miscellanies of Ezra Stiles, the New Haven Town Eecords in manuscript, the IngersoU Papers, partly in manuscript and partly in print, the Acts and Laws of the colony, the East Haven Segister, and various town and county histories. 14 JAEED INGERSOLL to 8022. These figures include the population not only of the town proper, but also of the outlying dependent parishes of Woodbridge, Hamden, North Haven, and East Haven, each with its own village church and school. The town proper numbered in 1760 only about fifteen hundred people; which shows how predominately agri- cultural were the interests of the township at this period. According to early maps, New Haven must have been laid out with considerable care and was in marked con- trast to what might be called the typical New England settlement by reason of its regular streets and equally regular and spacious town lots. In the '50 's the town commons, known as the Green, seems to have been a wide expanse of boggy sward, where cart wheels had worn deep and unexpected ruts in the turf, horses, cattle and flocks of geese roamed at will, pigs "yoaked and ringed" rooted under the scrubby barberry bushes, and young- sters encased in leather breeches and splatterdashes sailed their boats on the commons pond. Then, as now, the Green was the center of the community's religious, intellectual, and political activities. Within it or in close proximity to it were located the three churches, Yale College, the Court House, the grammar school, and the jail with stocks, whipping post, and gibbet ominously advertised. In the early '50 's a commodious brick state house arose on the Green, taking the place of the old court house. Just as the Green was the center of the more spiritual activities of the community, so the harbor, especially after the French and Indian "War, was the center of the growing commercial life of the town. Horses and oxen, barrels of pork, beef, tallow, with lumber, wheat, rye, Indian corn, flaxseed, pot and pearl ashes, were col- lected at the wharves to be carried by the diminutive brigantines, sloops, and schooners, either to New York COLONIAL NEW HAVEN 15 or Boston in return for the varied European manufac- tures which the people of New Haven seem to have used very extensively, or to the Caribbean Sea in exchange for cargoes of molasses, sugar, cocoa, and cotton. In addition to the expanding commercial interests of the town, there was the distilling of rum made from molasses secured from the sugar islands and the manu- facture of coarse linens and woolens "done in the Family way for the Use of the poorer Sort, Labourers, and Serv- ants"; there was also an "iron mongery" where the more common iron implements appear to have been fashioned. However, a majority of the people living about the port of New Haven during this period were not concerned so much with shipping and manufacturing as they were with the absorbing occupation of extract- ing the more common farm products from the reluctant Connecticut soil. That this could be conveniently done while yet residing within the town jurisdiction can be understood when we realize that its limits included some eight square miles of land lying about the harbor and along the Quinnipiac, Mill, and West rivers which flow into it. During the '50 's, especially, there took place unmis- takable signs of the expanding interests and growing importance of the community. Early in the decade an Anglican church was built close to the Green ; in 1755 the first newspaper of the colony, the Connecticut Gazette, was established here by James Parker, and in that year "by authority of the King," a regular post office was opened ; while in 1756 a custom house was erected, which became the port of entry and clearance for western Connecticut, with Nicholas Lechmere as the first col- lector. These characteristically sober, church-going descend- ants of the early "Brahmins of Puritanism" who had 16 JAEED INGERSOLL settled at New Haven, had developed by the middle of the eighteenth century a social system that would have seemed amazingly complex and binding to the men who, for instance, had been reared in one of the later western frontier communities of the United States. The keynote of western achievement was individual initiative ; on the other hand organized action and organized responsibility and individual subordination was the keynote in colonial New Haven. This organized type of life expressed itself in many ways ; there were the church communion and the ecclesiastical society, the freemen's meetings, those of the proprietors, those of the train bands, and perhaps the most important of all, the periodic gatherings of the in- habitants of the town. An examination of each of those forms of social expression will show how necessarily sub- merged was the individuality of the average townsman and yet, on the other hand, how thorough was the school- ing that he received in serving in public affairs as a mere instrument of community action. The church communion consisted of those in full Chris- tian fellowship who had made a public profession of faith and had subscribed to the convenant. At first there was only one meeting house in New Haven ; but in 1741 came the division brought about by the Great Awakening, with the result that the New Light or revivalist group organized a church of its own under the name of the White Haven Society, which was not, however, legally recognized as a distinct congregation until 1759. In the meantime, early in the '50 's the Anglicans became strong enough to establish Trinity Church, made up largely, in- cluding its pastor, of those seceding from the Congrega- tional communion; finally, in 1771, the Fair Haven Church was established by the separation of the minority group from the White Haven congregation. All of this represents, of course, the breaking up of the former COLONIAL NEW HAVEN 17 church, unity of the town, a process that was going on in practically all of the Connecticut communities. WhUe a great deal of intolerance and bitterness was shown at New Haven in the working out of this process, there is nothing in its annals that compares with the treatment accorded the Saybrook separatists, fourteen of whom in 1744, after being arrested for "holding a meeting con- trary to law on Grod's holy Sabbath day," were herded through the deep mud to New London, twenty-five miles distant, and there thrown into prison without fire, food, or beds for refusing to pay their fines. Normally the church communion was the inner circle of the ecclesiastical society in colonial Connecticut; but as the colony approaches the Eevolutionary period this does not hold true. However, until 1746 the ecclesiastical society of New Haven legally comprehended all those liv- ing within the bounds of the New Haven parish and, unless especially exempt, all were obliged to pay the assessments made by the society for the maintenance of the pastor and for church building purposes as well as to attend the meetings of the church on pain of fine, imprisonment, or some other form of punishment. In that year the general assembly denied the privilege of voting in ecclesiastical society meeting to those — ^Angli- cans, Quakers, and Baptists — ^who had been legally exempt from the paying of the taxes of the society. This marked the disappearance of the old unity and all-inclu- siveness of the society. Within it there still remained, besides the eonvenanted, those who had never taken the covenant or made a profession of faith. If the latter pos- sessed a freehold within the society limits rated at fifty shillings or were rated at forty pounds or more in the common list, they had the privilege of uniting with those in full communion in voting for officers of the society, in the calling of a minister, in the granting of church rates. 18 JAEED INGEESOLL and in providing for the care and reconstruction of the church, building as well as for the regulation of the school within the parish. After the White Haven and Fair Haven societies had been established within the old limits of the First Ecclesiastical Society, the general assembly provided that all the inhabitants who did not possess the special exemption accorded to Anglicans, Quakers, and Baptists, should decide in which of the three societies they preferred to be enrolled. There was, it should be understood, no place in colonial New Haven for the indi- vidual who could not support any of the organized churches with his presence and his money, for there was utterly lacking that spirit of kindly toleration regarding religious matters which is characteristic of people of intelligence in present-day Connecticut. The town, as it were, had grown out of the planting of a church, and its atmosphere was that of a church congregation. While every endeavor was made to embrace all within the limits of the ecclesiastical society and to place upon them the privileges and responsibilities belonging to membership, no such endeavor was made to see that all men should share in the privileges and responsibilities of freemanship. For it was only the freemen in colonial Connecticut who could vote for the filling of the offices of the government as well as become its officers. To be made a freeman, one had to be twenty-one years of age, in possession of a freehold estate of the value of forty shillings per annum, or of forty pounds personal estate in the general assessment list for that year and to be " of a quiet and peaceable Behaviour, and Civil Conversa- tion. ' ' An applicant not only had to secure a certificate of endorsement from a majority of the selectmen of the town but appear in a freemen's meeting and there take the prescribed oath; whereupon his name was enrolled by the town clerk among those admitted to freemanship. COLONIAL NEW HAVEN 19 In case, however, lie should be guilty of "walking scan- dalously" he was to be disfranchised by action of the superior court. Exactly what proportion of the adult male population in colonial Connecticut exercised a freeman's privi- leges in the decades just preceding the Eevolution, is difficult to estimate accurately. However, in 1703 a list of the "freemen" living within the limits of New Haven contained the names of one hundred and fifteen persons ; in 1784, at the time of incorporation, there were two hundred and fifteen freemen out of six hundred adult males then living within the limits of the town, which previously had granted East Haven, North Haven, and Woodbridge their freedom. In February, 1766, at an exceedingly important meeting held in the town regard- ing the affairs of the colony, it was stated that there were twp hundred and seventy-four "voters" present and it is to be presumed that most of those qualified attended. Since the population of the town at that time must have been over six thousand, it would seem that about one in twenty of the total number of people or one in four of the adult males were freemen, which is probably a smaller proportion than in most of the towns of the colony and would indicate, if such is the case, certain con- servative and aristocratic tendencies on the part of this community. The freemen's meetings, which were held regularly on the Monday following the first Tuesday in April and on the third Tuesday in September, show how complicated was the political organism of the colony. At the Sep- tember meeting two deputies were elected to represent the town at the approaching October session of the assembly and at this time each freeman gave his vote by written ballot for twenty persons whom he judged quali- fied "to stand in nomination for election in the month of 20 JARED INGERSOLL May following." These votes were then sent to the general assembly to be counted with the votes coming from the other freemen's meetings throughout the col- ony. The twenty persons getting the highest number of votes were thereupon nominated to stand as the candi- dates at the May election when all the elective offices of the colony were filled. At the April meeting, after the deputies had been selected to attend the May session of the assembly, the freemen then proceeded to ballot for the governor, deputy governor, the twelve assistants who acted both as a governor's council and as an upper house of the general assembly, and, also, for the treasurer and secretary of the colony. Unlike the meetings of the New Haven Ecclesiastical Society, which had to do only with the town proper, the New Haven freemen's meetings were for the entire township and it was the votes of this select group of men that determined the political tone of the community with reference to colonial issues. Only on the approach of the Revolution would it seem that the non-freeman element, certainly an overwhelming majority of the inhabitants, finally through violent and terroristic means wrenched political control from the hands of the more cautious, legally inclined, and prop- ertied freemen. The meetings of the proprietors of the common and undivided lands of the town were a type of local gather- ing very distinct from any of the foregoing. Prior to 1683 there does not seem to have been any well-defined idea that the proprietors of the unoccupied land within the town were to be distinguished from the inhabitants. The regular town meeting of the inhabitants from time to time had freely granted lands to individuals upon petition. But in that year a "division" or distribution of a portion of the common lands was made, which raised the issue as to ownership, and in 1685, in an attempt to COLONIAL NEW HAVEN 21 settle this, there was granted by the colony under the common seal to "the Proprietors and Inhabitants of the Town of New Haven all that certain tract of land known as New Haven then and for many years before in their peaceable and quiet seissen and possession being." The grant was so ambiguous that it only added to the keen- ness of the struggle between the old established families and the newcomers. The result was that on October 20,. 1704, a confirmation of the land grant to New Haven was made, in which proprietorship in the lands was specific- ally limited to the two hundred and forty-eight persons who had been recognized as the proprietors in 1685 and to their heirs and assignees. From this time on, there- fore, a sharp distinction was drawn between the proprie- tors' meetings and those of the inhabitants of the town. In the drawing of lots for the fifth "division" in 1711, four hundred and twenty-two participated; which gives some idea of the number of the proprietors of the New Haven common and undivided lands in the eighteenth century. With the steady increase in population and the consequent rise in the land values the importance of the careful management of the common lands also increased. Frequent meetings of the proprietors were held. The actions of proprietors of common lands in the colony were carefully regulated by the general assembly, which provided that on the first Monday of March a special meeting in each town should be called to choose a com- mittee to care for the lands during the year. This com- mittee was empowered to choose fence viewers and hay- wards out of the number of the proprietors ; those thus chosen who refused to serve were fined. The assem- bly also provided that at any lawful meeting of pro- prietors, taxes might be levied upon the members for making fences, gates, bridges, and that the collectors of these rates were to possess the same powers as the col- 22 JARED INGERSOLL lectors of the town rate. These proprietors' meetings, limited as they were in purpose, must nevertheless have been, just as the freemen's meetings were, centers of conservative influence. The proprietors' meeting, freemen's meetings, and meetings of the ecclesiastical societies, of course, were but offshoots of the parent gathering, the meeting of the "inhabitants" of the town, which was by far the most comprehensive of all the local assemblages, recognized by law, in its scope of action and in respect of the num- ber of dwellers within the town admitted to its privileges. It should be understood that a man might be a dweller in a New England colonial town and yet, technically, not be an inhabitant, just as a man might be an inhabitant and not a freeman. In colonial New Haven three classes of individuals — ^transients or "single persons newly come," indentured servants, and slaves — "never were or are inhabitants in the Town." The code of 1750 declared brusquely that "several Persons of Ungov- emed Conversation thrust themselves into the Towns in the Colony and by some Underhand way, as upon pretense of being Hired Servants, or of Hiring Lands or Houses or by Purchasing the same endeavor to become Inhabitants in such Towns"; to prevent which it was provided that no person should be admitted an inhabitant but "such of honest conversation," and that no stranger might have liberty to abide in the town without consent of the selectmen or the major part of the town; those warned out of town by the selectmen were to forfeit ten shillings a week or be whipped ten stripes if they did not leave. But not even all adult male inhabitants were qualified to participate in the proceedings of the town meeting. One not only had to be a lawful inhabitant and to be twenty-one years of age, but, in addition, a householder COLONIAL NEW HAVEN 23 in possession either of freehold estate rated at fifty shillings in the tax list, or of personal estate rated at forty pounds. There was, however, one exception; no freeman could be debarred from voting in the town meet- ing. "What proportion of the adult males were qualified to act in the town meeting is not clear. Ezra Stiles records the fact that at a New Haven town meeting in December, 1761, at which a close division took place, there were two hundred and thirty-four who cast votes. It is, therefore, probable that as a rule not more than one-fourth and possibly not more than one-fifth of the adult males of the town took part in the business pro- ceedings of the community. One of the most important functions performed by this assembling of the inhabitants was the selection of the local officials designated to carry out the multifarious activities of a Connecticut community of that period, where few matters were considered to be of so private a nature as not to be subjected to the inquisitorial scrutiny of those delegated for that purpose by the common authority. These officials were annually selected at a meeting held the last Thursday in December. It is illuminating to observe how comprehensive was this list of periodically chosen town dignitaries. There were the seven selectmen who had the oversight of local affairs when the town meeting was not in ses- sion; a clerk to keep the minutes of the meetings and the other town records, and a treasurer who guarded and disbursed the funds of the town; in 1762, eight consta- bles seem to have been needed to watch over the peace and quiet of the community and sixteen tithing men, for the maintenance of the ecclesiastical regulations, were commissioned faithfully to look after the moral welfare of the inhabitants during the week days, and on the Sab- bath, to maintain order in the meeting houses through- 24 JARED INGERSOLL out the interminable sermons and, as the old formula reads, "to smite such as are unruly or of uncomely be- haviour in the meeting." There were many other ofiS- cials besides the above whose work was scarcely of less importance. At the same town meeting in 1762, not only were nine former key keepers, whose duty it was to empound stray animals, confirmed in their posts for another year, but four others were granted liberty to build pounds at their own cost and be key keepers of them; eight branders were made responsible for placing the brand on the horses owned within the town ; twenty- eight surveyors of highways were named to care for the generally miserable country roads and to see that each man in the township, not otherwise exempt, did his share of the road work; and two fence viewers were given the general supervision of the fences and boundaries of the community. Then, there was appointed one ganger and packer to supervise the packing of beef, pork, and fish in casks by those preparing these articles for the market ; a sealer of leather to prevent poorly tanned leather from being made up into articles and sold ; a sealer of meas- ures as well as a sealer of weights — one to see that stand- ard measures were used by venders and the other to make sure of standard weights — and an excise master, who collected, for the support of colonial government, an excise of four pence on every gallon of rum, brandy, and other distilled spirituous liquors sold by any tavern keeper or retailer of liquor. These, together with twelve grand jurymen to make presentment of all mis- demeanors, nine listers designated to prepare assess- ment lists, a collector of the rates or taxes of those living within the town proper, and one to collect the same of those living in the outer parishes, made up the impres- sive list of the community administrators in the '60 's. In other words, it was necessary to find those qualified COLONIAL NEW HAVEN 25 to fill over one hundred public posts in this little seaport which was a perfect network of officialdom. That it was sometimes considered a burden to hold an office is shown by the fact that the code of 1750 provided for a fine of twenty-six shillings from any person who refused to exercise the office to which he was elected, unless he could show that he was "Oppressed by such Choice," and that others were or are "Unjustly Exempted." As might be anticipated, by far the largest share of matters that came before the town meeting were those logically springing out of the routine of the rather isolated life of a community that was, down to the Eevo- lutionary War, in spite of its location, chiefly agricultural in character. Moreover, its scope of action was not infre- quently limited by the restrictions placed upon it by the general assembly and a great deal of its work consisted in giving expression to the registered will of the higher body. Occasionally the assembly would pass an act, general in character, allowing to the local gatherings dis- cretion as to whether or not it should be applied. For example, it was provided by law that no swine were to be allowed to go at large and that the town haywards were to empound such as did; but a clause was added which allowed the towns within their own precincts "to agree otherwise." As a result, with almost machinelike regu- larity the New Haven town meeting was accustomed to suspend the operation of the act, so that these "beasts" could roam on the commons if they were "yoaked and ringed from the 10th day of March to the 10th Day of November and ringed all the year." While such things as the straying of swine had thus been regulated by the colonial government, other mat- ters of a similar nature were left entirely to the discre- tion of the individual town meetings. The straying of geese, almost as great a menace to the peace and happi- 26 JAEED INGERSOLL ness of colonial Connecticut as the straying of swine, was in this category. The New Haven town meeting, in an endeavor to placate everyone, arrived at the decision that owners of geese might have the privilege of grazing them on the commons from May to October but that should these errant birds be found doing damage in any particular field and, as a consequence, be empounded, they should be released only upon payment of two pence per head. Further to protect the crops of the inhabi- tants, the town meeting, of its own initiative, opened an avenue for an assault upon the town hoard by ordering four pence per head to be paid for crows by the collector of the town rate. But when it came to the destruction of barberry bushes, which were "thought to be very Hurt- ful by Occasioning (or at least Increasing) the Blasting of English Grain," the town was able to support its action by the express permission given to each commu- nity by the general assembly to deal with the problem as seemed best. At a meeting in December, 1763, it was, therefore, resolved after earnest deliberation that these noxious shrubs should be exterminated ; and, as a result, the surveyors of the highways were instructed to "warn out" the inhabitants of their respective districts in the months of April and May to wage systematic warfare against them. The preeminently pastoral and cooperative character of the community until well along in the eighteenth cen- tury, is further evidenced by the fact that as late as the '30 's the selectmen were regularly called upon in town meeting to provide a sufficient number of bulls and boars for the town plot and to "assess the Inhabitants £8, if need be, for the use of Bulls and Boars, to be paid to the owners thereof." It was decided at another meeting that if any sheep in the several flocks in the town stray from the keepers, no man should empound these strays from COLONIAL NEW HAVEN 27 off the commons. To protect the larger, common, agri- cultural interests, individual members of the community- were occasionally compelled by these public gatherings to make important concessions. As an instance of this, the raising of doves was placed under the ban when it was concluded that they were more hurtful than profit- able, and the selectmen were instructed to inform the owners "that the town expects them to destroy said Doves." Also, those inhabitants who were husbandmen were required by the same authority to provide axletrees for their carts "5 or 6 inches wider than now," and those who possessed cows that "use the walk where there is a cow keeper" were ordered to pay by the week to the cow keeper what others were paying for the tending of their cattle. It was not until 1724 that the "wilderness of New Haven" was plotted and in the '30 's the leasing and care of the "Town Farms" was a matter that deeply concerned the inhabitants. In March, 1763, embracing a policy of conservation of resources, the inhabitants voted to close the oyster beds for a year. The New Haven town meeting of the eighteenth cen- tury also concerned itself with a variety of matters that had nothing to do with the economic side of life. The constables on one occasion were even directed by this body to take notice of people opening the windows of the meeting house in time of public worship; after com- plaint was made at another time that mischievous boys played in the market place and that, as a result, "the meeting house windows are often shamefully broken, ' ' it was determined to prohibit boys from playing within twenty rods of the meeting house on penalty of a fine of twelve pence and the cost of damages. The appointment of committees was a favorite method employed for getting special things accomplished by the town meeting. As examples of this, on December 10, 28 JARED INGERSOLL 1753, St. Josephi Mix, Jared IngersoU, and Thomas Howell were selected as a committee to audit the accounts arising in connection with the building of a pesthouse; on December 14 of the same year St. Joseph Mix, Phinehas Bradley, and Jared IngersoU were designated to advise with the selectmen concerning the maintenance of one Brighton, "a distracted man now in the town" ; on December 19, 1754, Jared IngersoU and two others were asked to join a committee from the Milford town meeting for the joint construction of a bridge over "Oyster river"; and on December 12, 1763, a committee includ- ing IngersoU was desired to lay a plan for supporting poor persons. Fairly trivial as many of these matters now appear to be, which occupied the inhabitants at these gatherings, they were, nevertheless, among the things that bulked largest in the eyes of the average man and really con- ditioned his immediate welfare far more than the weightiest imperial legislation. What is more, from many angles the town meeting served as an excellent school in which to gather political experience. No colony produced a shrewder group of poUticians than those that sprang from the Connecticut town meetings. The most notable issue which came before the New Haven town meeting prior to the Revolution, was that raised by the people of East Haven parish, known more commonly as the people of the "Iron Works" or the "East Farmers," who made an attempt to break away from the jurisdiction of the town in 1707, thus precipi- tating a struggle which at times was carried on with great bitterness and which lasted until 1785. It centered upon three issues : the right of East Haven to be repre- sented in the general assembly, the right to raise and dispose of its own taxes, and the right to control the common lands within its bounds. In 1707 the parish COLONIAL NEW HAVEN 29 secured incorporation as a village, but the charter was very ambiguously worded and it is possible that Gov- ernor; Saltonstall, as has been charged, used his influence against the little community because of a feud that had arisen between him and the East Farmers on account of the merciless war he waged upon their geese, which strayed into his near-by fields and resorted to his lake. From October, 1708, to October, 1710, the parish sent deputies to the general assembly, against the strenuous opposition of New Haven, which succeeded in that year in getting the assembly to deny them this right. In 1712 this body ordered that the East Haven assessment list be added to that of New Haven, and in 1716, that the care of the poor among the East Farmers belonged to the New Haven town meeting, not to East Haven. "Silenced by the terror of law suits and 'the powers that be,* East Haven submitted till another generation arose that had not known a Saltonstall." In 1752, at a meeting of inhabitants, called December 18, this plucky parish again renewed its fight for liberty. After resolving to take up the privileges granted by the general assembly in 1707, a group of town officers was selected and a comniittee was sent to the New Haven town meeting to give due notification, "in order that the said town of New Haven may hereafter exempt themselves from any further care or trouble respecting the said affairs of the said Town of East Haven, the regulations thereof or the Appoint- ment of officers therein." But the mother town was inflexible in its opposition to this design and exerted so powerful an influence upon the colonial government that once again "the broad hand of the General Assembly" fell upon the people of the iron works. Not until after eighty years of conflict, not unmixed with disorders and violence, was the independence of East Haven finally achieved, two years after the peace which brought about 30 JAEED INGEESOLL the legal separation of the colonies from the mother country. Controlled largely by the same elements that directed the freemen's meetings and those of the proprietors, the New Haven town meeting appears to have been rather consistently conservative during the decades pre- ceding the Eevolution, standing generally for the main- tenance of the old order of things and discountenancing the extreme policies of the radical group dwelling in the town. In this respect New Haven stood in marked con- trast to its offspring, Wallingford, which had succeeded in detaching itself from the former before the beginning of the eighteenth century. In 1766, under control of the radical influence, the Wallingford toAVH meeting did not hesitate, as will be seen, to set itself up as superior in authority, within its own boundaries, even to parliament. No such extravagance ever characterized the action of a New Haven colonial town meeting. Over against these influences, which could be counted on to oppose hasty and violent political action within the community, stood the train bands. Under the law all males between sixteen and fifty years of age, except those holding posts under the colonial government, those connected with the "Collegiate School," masters of arts, justices of the peace, physicians, surgeons, schoolmas- ters, attomeys-at-law, one miller to a gristmill, constant herdsmen, mariners and ferrymen, sheriffs and con- stables, as well as lame and disabled persons, negroes and Indians, were required to attend musters and mili- tary exercises. Although it is true that, under ordinary conditions, these men gathered together but four days annually for training, yet in each town the military organization remained intact, all the while exercising an influence on the course of affairs which, it seems, has been too little appreciated by scholars up to the present. COLONIAL NEW HAVEN 31 It should be remembered that although the regimental officers were appointed by the Connecticut government, the officers of the train bands from captain downward were selected by the enrolled men and that, as the result of exemptions, the elections were controlled by the popu- lar, more irresponsible elements which naturally put in command those who sympathized with their point of view. These popular officers, many of them adventurous char- acters, at times exercised, especially in eastern Connecti- cut, a degree of authority in political affairs which brushed aside any and all opposition. It was not until 1775, however, that the New Haven military group suc- ceeded in acquiring any such influence; then, under the leadership of Benedict Arnold, it threatened to break open the door to the town powder house unless supplied with ammunition, and by a display of force thoroughly overawed the civil authority. The radical tendencies of the train bands, which came to the surface when complications developed between the colonies and the mother country, seem to have been en- couraged by the still more radical tendencies of traders and sailors clearing from this port, who were thoroughly aroused by the revenue acts of 1764 and 1767. Then there were the New Lights of White Haven and Fair Haven churches, both of which congregations were responsive to popular impulses, as well as the faculty and a major- ity of the two hundred students of Yale College, under the guidance of the acting president, Naphtali Daggett. These groups, as political agitation developed, stood in sharp opposition, not only to the conservatively inclined Old Lights, who made up the membership of the First Ecclesiastical Society, but to the Anglicans of Trinity Church and the little body of loyalist Sandemanians. The local papers, first the Connecticut Gazette and later its successor, the Connecticut Journal, while much more 32 JAEED INGERSOLL restrained in utterance than the New London Gazette, disseminated revolutionary ideas. The ten or fifteen taverns in New Haven seem to have been still more active agencies for their distribution; for the agitators appear to have made these resorts rallying centers and many of the more violent and terroristic acts preceding the actual outbreak of the war are almost inexplicable unless it be accepted that they were committed by men and youths made temporarily irresponsible by strong drink. This, in fact, was publicly charged by a writer in the local paper in 1768, after one of these scenes of wild disorder. It should be appreciated that in regard to such a com- munity as colonial New Haven, one is not dealing with a people possessed of democratic ideas; in any modem sense of the word. Consistently enough, in the light of the prevailingly strong predestinarianism, the blessing of liberty and equality which men had so much to say about in the '60 's and 70 's were not for all to enjoy, but, just as in the ease of salvation, rather, for the elect. Even as late as 1777, a writer in the local paper bitterly complained of the treatment of the "separatists" or those of the Congregational communion who had repur diated the Saybrook platform. "They have been perse- cuted, oppressed and most cruelly treated, their property has most unjustly been taken from them to support min- isters that in conscience they could not hear preach ; and at the same time, they have had ministers of their own to support; they have been imprisoned for not paying the rates to the clergy and fined for not attending public worship with the standing churches." Unitarians and deists, moreover, were struck at by a colonial law pro^ viding that those denying "any one of the Persons of the Holy Trinity to be God" or denying the Scriptures to be of divine authority should, on conviction, be incapable of enjoying any offices ecclesiastical, civil, or military ; and COLONIAL NEW HAVEN 33 a penalty of ten shillings as a fine was levied against any person daring to form a "separate Company for wor- ship in a private House." Nor were conceptions of liberty and equality more liberally interpreted in the fields of social and industrial activities. Until well past the middle of the eighteenth century it would appear that the majority of the leading religious lights of the colony failed to record any disap- proval of the institution of slavery. So devout a man as Eev. Ezra Stiles, who later became president of Yale College, was guilty of sending a barrel of rum to the Arab slavers of Guinea for the purchase of a slave; a Connecticut clergyman, acting as governor, decided that the offspring of a negro bond woman was born in slav- ery ; indented whites were gladly purchased by the well- to-do of New Haven and set to work beside the slaves in the fields; while the town paupers were put through what would now be called the degrading spectacle of being sold at auction from the steps of the state house on the Grreen, to such as could keep them for the year at the lowest rate. Only a community that was funda- mentally aristocratic in structure could fail to detect the hopeless incongruity of publishing in the local paper, side by side with passionate exhortations to all freemen to struggle for their disappearing and precious liberties, equally fervent appeals to the public to assist in the cap- ture of some runaway white or black attempting to escape from his servitude. In reality the broad humani- tarianism and the generous idealism manifested in Amer- ican life today found little lodgment in the mind of the typical, sturdy New England colonist, for these were largely the product of that great leveling movement which at a later date swept eastward from beyond the AUeghenies. If one were to characterize in general terms the ten- 34 JARED INGERSOLL dencies at work in eighteenth-century colonial New Haven, it might be said that the town was going through a notable period of transition, often accompanied by rather violent manifestations. Although the multiplied restraints upon individual freedom of thought and action still largely remained, the old unity and homogeneity was fast breaking down. The immediate result of this cen- trifugal movement was a process of differentiation in the institutions that expressed the organic life of the com- munity. The unified church communion of 1700, together with the all-embracing character of the ecclesiastical society, had disappeared, as had the earlier identity be- tween the dwellers in the town, the inhabitants of- the same, and the proprietors of the town lands. Caught by this outward swing, the outlying parishes began, one after another, to seek an independent life. The struggle of East Haven to obtain the right of self-taxation and self-regulation generally, undoubtedly epitomizes in many respects those impulses that led the people of the colony, in turn, to seek separation from the mother country. CHAPTEE II EARLY DAYS. THE OFFICE OF KING'S ATTORNEY Jaeed Ingersoll came of the IngersoU line of Bedford- shire, England.^ His grandfather, John IngersoU, left England in 1629, the fatal year when Charles I dismissed his third parliament, introducing thereupon a decade of unrestrained political despotism. Shrouded in ob- scurity as are the causes which led to John's departure from England, it is probable that he, then in his four- teenth year, had already identified himself with the Puri- tan opponents of the prerogative party in England and, not averse to a great adventure, together with his elder brother, Richard, became a member of one of the numer- ous groups of the discontented that left for New England at that period. Richard settled at Salem in Massachu- setts Bay where, in 1644, he died.^ John, after stopping for a time with his brother, pushed out into the west, locating successively at Hartford and Northampton; while at the former town, he married. In 1666, caught with the pioneer spirit, he and his family went with a group of settlers into the western wilderness of Massa- chusetts Bay, where they established the town of West- field, and here John became one of the "seven pillars" 1 The name originally in England was Inkersoll. For facts relating to the early Ingersolls see 0. 8. Eipley, The Ingersolls of Eampshire, A genealogical Sistory of the Family from their settlement in America in the line of John IngersoU of Westfield, Mass. ilVid., p. 12. 36 JAEED INGERSOLL or foundation men in the local church/ He was mar- ried, in all, three times and became the father of fifteen children, the youngest of whom was Jonathan/ The latter, early left an orphan, went as a youth to Milford, Connecticut, where he took up the trade of a joiner. There is every reason to believe that he became a thrifty man as well as an efficient artificer, for he gradually accumulated substantial possessions in land and per- sonal property; he even became the master of three slaves/ At the age of thirty-one he married Sarah, the widow of David Miles of New Haven ; their three surviv- ing children were Jonathan, who graduated from Yale College in 1736 and became pastor of the Ridgefield church ; Sarah, who married the clerk of the New Haven County Court, John Whiting; and Jared, the subject of this study, who was born in 1722. Although nothing has been ascertained regarding his 1 The IngersoUs of New Hampshire, p. 15. 2 Jonathan 's mother, Mary Hunt, came of good stock, for she was the granddaughter of John Webster, who in 1656 was chosen governor of Connecticut. Jonathan's father died when the former was but three and a half years of age, while his mother died in his tenth year. s Jonathan died in 1761. His eldest sou was administrator of his estate, and he presented to the court an itemized record of everything his father possessed even to the smallest detail, with an estimated value upon each article. The whole amounted to £1202.13.2. This inventory shows what a substantial Connecticut freeholder at that period was apt to possess and also furnishes an idea of the comparative prices of things. His coat was valued at £5; a vest at 10s.; a pair of breeches at 4/6; another at 1/6; a shirt at 5/3; a pair of stockings at 1/8; a pair of shoes at 4/3; another pair Is. ; buckles at 6d. ; his sole handkerchief at Is. ; his hat at 10s. ; a quilt at 9d.; pewter plates and porringer at 8/3; a porridge pot at 7/11; a brass "Kittle" at 31/6; an iron "Kittle" 2/5; five knives and forks at 2/6; a tea "Kittle" at 4s.; his tankard at 10s.; his sorrel mare at £4.10; his white mare at £2 ; his seven sows from £2.13 to 3.17.6 ; his bull at £1.15 ; a pair of oxen at £19 and a pair of steers at £8.5 ; two sheep at 18s. ; his negro Cradd at £50; Cyphax at £30 and Kate at £35; his lands, amounting to 135 acres at £3.15 an acre up to £6.12; his house and bam with house lot at £158. See the New Haven Probate Becords (1756-1763), IX, 636-638, 469-470. THE OFFICE OF KING'S ATTORNEY 37 earlier years, it is certain that Jared was allowed the leisure to prepare for college. What books came into his hands are unknown; the only works of any sort appearing in the inventory made of his father's estate at the time of the latter 's death in 1761 were two Bibles and a Testament. However, the young man, after his matriculation at Yale, so distinguished himself that upon his graduation in 1742 he was awarded the much prized Berkeley scholarship, which opened the way for an addi- tional year of study.^ It is interesting to note, in passing, that the estimate which the college authorities placed upon the social standing of his father gave him ninth place in a graduating class of sixteen. That Jared was led early in life to the consideration of serious things is vouchsafed by the survival of a somewhat abstruse his- torical essay, which he prepared in his eighteenth year while at Yale, upon the cumbersome and all-inclusive topic of "An Historical Account of some affairs Relating to the church especially, in Connecticut, together with some other Things of a Different Nature."^ In fact, a love of theological mysteries followed this busy, practi- cal man through lif e.^ But, in spite of his studious habits and serious-mindedness, IngersoU did not neglect the opportunity of cultivating warm friendships with his fellow students. That some, at least, of these attach- ments were firm is apparent from a letter which one of his classmates wrote from Elizabethtown, New Jersey, a score of years after separating at Yale: "It would 1 F. B. Dexter, Tale Biographies and Annals, 1701-1745, pp. 712-714. 2 The original manuscript is in the Library of Congress. The cover is entitled "IngersoU Historical Notes MS." It has the caption "Yale Col- lege, Oct. 20, 1740." 3 The years from 1779 to 1781, just previous to his death, were largely taken up with an extensive correspondence with Dr. Benjamin Gale (Tale, 1733) upon scriptural problems. Eight of these letters have been pre- served and are in the Yale Library. 38 JARED INGERSOLL give me Mgli satisfaction to take my worthy friend by the hand and I almost insist that if your affairs call you again to New York you come over and spend a day or two in my country cottage where you will meet with a most cordial reception from an old chum who frequently recollects with pleasure the many agreeable social hours spent with you at oZma OTO^er. "^ But that Jared by no means confined himself to the companionship of his Yale acquaintances and his books, is evidenced by the fact that when his academic career came to a close in 1743, he was very soon afterward married to Hannah Whiting of New Haven.^ The young people decided to make their home in the college town, and here was born to them in 1748, Jared, Jr., the only one of four children to survive.' Young IngersoU, apparently very soon after leaving college, took up the practice of law.* How he received his preparation for this profession is not known. Un- doubtedly much of the time as Berkeley scholar was 1 W. p. Smith of Elizabethtown, New Jersey, to IngersoU. Endorsed 1763. IngersoU CoUection, New Haven Colony Historical Society Archives. This will be referred to as the ' ' IngersoU Collection. ' ' 2 Entry Book of Births, Marriages, and Deaths, I, 509 (Office of Clerk of Vital Statistics, New Haven). There has survived an interesting document which is entitled, "Acco. of Hannah IngersoU alias Whiting. Advance in Settlement." It consists of the list of articles, in aU valued at £350, which she brought as her marriage portion, not including her personal wardrobe. Out of this Ust, dining-room, kitchen and bedroom could be furnished with practical completeness. This list can be found in the "Jared IngersoU Papers," a selection from the larger body of papers which have been recently edited by Dr. Franklin B. Dexter of Tale University, and have been published in Volume IX of the Papers of the New Haven Colony Historical Society (1918). s New Haven Entry Book of Births, Marriages, and Deaths, I, 642. * ' ' Messrs. Samuel Andrew and Jared IngersoU both of Milf ord were aUowed to be attorneys in this court and were admitted to the oath before the Court by Law provided for attorneys of County Court the third Tues. of Jan. 1743/4." New Haven County Court Eecords, IV, 205. THE OFFICE OF KING'S ATTORNEY 39 spent in reading law. At least, it is certain that he was sufficiently well trained to meet with almost immediate success. The prosperity enjoyed by the rising young lawyer was naturally reflected in his domestic life. The IngersoU home maintained in the '60 's on Chapel Street, facing the Green, must have been a commodious estab- lishment. Like his father and many other well-to-do New Englanders, IngersoU came to possess an appren- ticed servant and negro slaves. Facts relating to these throw interesting light upon social conditions in New Haven at this period : Two years after their marriage, the IngersoUs ac- quired Lueretia Smith, a white child of eight years, the daugjiter of William Smith, "a transcient person," and Ruth Smith, "who do not take care of their children." On May 20, 1745, the child was bound by her mother to serve IngersoU until she was sixteen years of age; in consideration for which she was to receive "meat, drink, washing, lodging, and apparel." The agreement also provided that her master, in addition, was "to learn her to read English."' However, the following year, on March 3, "there was agreed an indenture by the select- men of New Haven whereby Lueretia was bound to serve until she was eighteen years of age." According to the new indenture she was to be taught sewing, knitting, spinning, and household work, in addition to the reading of English. The document ends by reciting that when dismissed "she shall have 2 gowns (one for Sabbath Day; the other for week days' work), and give her a Bible." The last clause making provision for her spir- 1 New Haven Col. Hist. Soe. Papers, IX ("Jared IngersoU Papers"), 208-209. Indenture in IngersoU MS. CoUection. For an account of this system of apprenticeships see E. F. Seybolt, Apprenticeship and Appren- ticeship Education. (Teachers CoUege, Columbia University, Contributions to Education, No. 85.) 40 JAEED INGERSOLL itual welfare was apparently an afterthought, for it was written in another hand.^ The records of the slaves purchased from time to time by Ingersoll have been preserved. On May 31, 1751, he bought from Stephen Ailing, Cambridge, a boy of eight years, for whom he paid £320;'' twelve-year-old Zilphie, owned by Thaddeus Cook, June 16, 1755, cost £550 ; Isban, thirty years of age, purchased from Christopher Kelley, November 2, 1761, cost £50 ; Damon, twenty years of age, the property of his friend, Joshua Chandler, was ac- quired June 27, 1764, for £80, and Rachel Hubbard Leah, a mature woman, cost him, November 7, 1765, £36. One is able to get a comparison of values by noting that May 9, 1764, he paid £17 for a black horse, presumably a first- iNew Haven Col. Hist. Soe. Papers, IX ("Jared Ingersoll Papers"), 209-210. The law provided that all parents and masters should teach chil- dren under their care to read the English tongue and to know the laws against capital offenders. If unable to do so much the child was at least to be taught some short orthodox catechism "without Book." Children were to be brought up to some honest calling. Selectmen with the advice of a justice of the peace were to bind neglected children out, males untU twenty- one years of age and females until eighteen. Acts and Laws of Conneciieut (1750), pp. 20-21. 2 These purchases are recorded on loose-leaf memoranda. Ingersoll Collection. Until 1756 accounts were kept according to the purchasing power of the old tenor bills, which stood to sterling in the ratio of 5-9 to 1, varying with the year, when "lawful money" accounts make their appear- ance. "Wheat was charged at three shillings and nine pence a bushel, which just before had been set down at forty-five or forty-eight shillings." Henry Bronson, Connecticut Currency, p. 74. This was brought about by the act of the general assembly, October, 1755, declaring that accounts of the colonial government, from November 1 on, would be kept in lawful money. Conn. Col. Bee, X, 424. "In the early part of the eighteenth century the price of slaves varied from 60s to £25; toward the middle of the century the price ordinarily was £75 to £125. ' ' F. Morgan, Connecticut as a Colony and as a State, II, 504. Morgan, however, does not make clear in what money at these respective periods the slaves were valued. For an important statement regarding Connecticut colonial currency the student should consult the New Haven Colony Hist. Soc. Papers, IX ("Jared Ingersoll Papers"), 223-224, footnote. THE OFFICE OF KING'S ATTORNEY 41 class animal, and two years previous, £100 for one and one-fourth acres of land bordering upon the Green.^ That Ingersoll's position as a slave holder was not an isolated one and that the leading families of New Haven were not apt to forego the opportunity of enjoying the services of at least a black or two, is shown by the fact that in 1762, according to Rev. Ezra Stiles, there were eighty-three negroes among that part of the population living in the town proper ; and according to an official re- port of that year there were four thousand five hundred and ninety blacks within the colony.^ The strong finan- cial standing of IngersoU in the community is evidenced not only by the possession of slaves and numerous plots of real estate,' scattered about the town, but also by the fact that in 1761 there was owing him £986.12.5, in that day a small fortune in itself.* Paintings that have survived show Jared IngersoU, in his maturity, to have been a man of solid build, well pro- portioned, with features of unusual regularity and a countenance expressing frankness and amiability.^ His natural dignity and assured culture were emphasized by his dress, which betokened that he was a man of taste and fashion, a gentleman of the old colonial school, as closely 1 The IngersoU Papers. His father's mares were valued at £4.10 and £2 in 1761. New Haven Probate Records, IX, 469. It appears that in 1778 IngersoU sold Leah to Pompey Punchard, a free negro. New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 221, footnote. 2 Itineraries of Ezra Stiles, p. 49; "Answers to Lords of Trade," 1762, Conn. Col. Bee, XI, 630. 3 See New Haven Town Records, "Real Estate Transfers," XIX, 30, 136; XX, 434. * IngersoU Account Books, I (Yale University Library). 5 At least two oil paintings of IngersoU have survived ; one, painted by Copley, is in the possession of Mr. IngersoU Armory of Boston and has been reproduced in Volume IX of the New Haven Col. Hist. Soo. Papers; the other, which is a much smaller painting, is in the possession of George Pratt IngersoU, Esq., of Ridgefleld, Connecticut. 42 JAEED INaERSOLL akin in spirit to the Virginia cavalier as was likely to be found in New England/ In religious matters, like his father and grandfather, he remained a Congregational- ist, a communicant in the First Ecclesiastical Society at the conservative Old Light meeting house, presided over, in his day, in turn by Rev. Joseph Noyes and Rev. Chaun- cey Whittelsey. Together with his friend, Joshua Chand- ler, who later became a Tory refugee, he was a veritable pillar of this church, which stood in sharp opposition to the more democratic and emotionally inclined evangeli- cal New Light White Haven Ecclesiastical Society, which had come into existence in the '40 's as a seceding and rebellious wing of the First Society." All of IngersoU's interests had the effect of identifying him with the most conservative element in the town,^ and what undoubtedly added greatly to his growing prominence was that in 1751 he was appointed to the oflBce of king's attorney for the county of New Haven.* To appreciate the character of the public responsi- bilities thus laid upon Jared IngersoU, there are certain facts regarding the historical significance of this post 1 This is illustrated in a letter written by a soldier friend, in 1755, who sends him a poem for "amusement . . . when you have nothing to do, that is, when you are smoking the last pipe before bed." E. Lyman to Jared IngersoU, September 2, 1755, IngersoU Papers. 2 In 1759 the White Haven church was formally separated from the First Society by the general assembly. Conn. Col. Bee, XI, 323-325. 3 The reluctance of IngersoU to break with old and tried forms, in con- trast with the diverging, democratic spirit of colonials in general, which scorned the ritual and studied formalism of the institutions of the mother country, is brought out in a letter written to the latter in 1756 by his brother- in-law. Colonel Whiting, who was at Albany with the Connecticut troops. Speaking of the law, the latter wrote, ' ' I hate all the formalities at the Bar and would have you come to the ease at once, but you say they are necessary and the world says you know well about it." Nathan Whiting to Jared IngersoU, June 22, 1756, IngersoU Papers. * According to the law of May, 1730, for each action pleaded the attor- ney was to receive a fee of 10s. Conn. Col. Bee, VII, 280. THE OFFICE OF KING'S ATTORNEY 43 of king's attorney which should be made clear.' The origin of the office in Connecticut, with its high sound of loyalty, harks back to the stirring events of the begin- ning of the century, when England and France were involved in the early stages of that titanic struggle for colonial empire which, beginning in 1689, was continued, with occasional breathing spells, until the Peace of Paris in 1763. In spite of certain advantages that England, with her sea supremacy, enjoyed, and in spite of the more solid character of her colonial settlements, it seemed at times as though the superior organization of the French, with a unified administration of their possessions in the New World, would more than offset these advantages. Those responsible for the guidance of England's affairs, especially the Board of Trade and Plantations under the successive presidencies of the Earl of Bridgewater, Lord Stanford, and Lord Dartmouth, had gradually reached the conclusion that it was imperative, not only for the establishment of an effective system of imperial defense but also for the proper expansion of trade and com- merce within the Empire, that a centralization of colonial administration should be effected by placing all the colo- nies in America under direct royal control.^ Though bitter opposition to this plan for greater im- perial unity and efficiency was not lacking, especially in the corporate and proprietary colonies, nevertheless, there were not wanting those established in America who came ardently to the support of the British authorities in their program. Edward Randolph, Joseph Dudley, Benjamin Fletcher, Jeremiah Basse, Robert Quary, and 1 Curiously enough Professor Howard, in his Local Constitutional His- tory, does not mention this important county office. 2 For the representation of the board of March 26, 1701, see Public Record Office, Colonial Office, 5: 1289, pp. 12-17, printed in the North Carolina Colonial Records, I, 535-537. See also Calendar of State Papers, Colonial (1701), p. 386. 44 JARED INaERSOLL Lord Cornbury, all enjoying public posts in the colonies, heaped up charges against the colonial governments.* In Connecticut the assault on the charter was led by Eev. Gershom Bulkeley' of Glastonbury, Major Edward Palmes of New London, and William Rosewell of Bran- ford. Bulkeley, as -early as 1692, penned a large folio work which he entitled, "Will and Doom, or a History of the Miseries of Connecticut under the arbitrary power of the present Government."* In this he lamented the passing away of the Andros government, and ''with great cunning and art" developed his case against the charter government of Connecticut. This able and extended philippic was placed in the hands of the board in 1703 by Lord Cornbury.* Two years previous, a bill for "Re- 1 See L. P. Kellogg, The American Colomal Charter, printed in the American Historical Association Report (1903), I, Chapter IV. A large number of interesting and valuable letters relating to this are to be found in E. E. Hinman, Letters from the English Kings and Queens . . . to the Governors of the Colony of Connecticut, Together with the Answers Thereto, from 1635 to 1749, pp. 189 et seq. 2 Eev. Gershom Bulkeley was graduated from Harvard College in 1655. He was a minister at New London and later at Wethersfield. In 1676 he removed to Glastonbury, where he devoted himself to the practice of medi- cine and law. Although in 1675 he had opposed Andros at Saybrook, he accepted under the latter in 1687 the appointment of justice of the peace for Hartford County. In 1689 he was supported by Major Edward Palmes of New London, a son-in-law of the first Governor Winthrop, in opposing resumption of the charter government in Connecticut, upon the collapse of the Andros regime. Bulkeley, Palmes, and Eosewell signed a petition in 1692 "in behalf of themselves and the rest of their Majesties' loyal sub- jects, freeholders in their Majesties' Colony of Connecticut," which was transmitted by Governor Fletcher of New York to the home government. 3 This was edited by C. J. Hoadly and is printed with notes in the Connecticut Historical Society Collections, III. *C. S. P. (1702-1703), p. 522; Conn. Hist. Soe. Coll., Ill, 77. Sir Henry Ashurst, who was acting as the Connecticut agent in London, claimed that the book was sent over by Dudley's connivance. Sir Henry Ashurst to the Governor and Council of Connecticut, February 15, 1704/5; printed in Hinman, Letters, p. 321. Hoadly considered that Major Palmes, who had two appeals pending, was responsible. Conn. Hist. Soe. Coll., Ill, THE OFFICE OF KING'S ATTORNEY 45 uniting to tlie Crown the governments of the several colonies and plantations in America" was introduced in parliament but failed of passage.^ This, however, did not discourage the opponents of the charter, who, if pos- sible, rather increased the keenness of their attacks. Governor Combury wrote from New York that the peo- ple of Connecticut "hate anybody that owes subjection to the Queen.'" Sir Henry Ashurst, the London agent of the colony, warned Governor Fitzjohn Winthrop of the effectiveness of the "vipers among you that would de- stroy their own native country."^ The members of the board in their charges against the government of Con- necticut specifically accused it of ignoring the acts of trade and navigation, and of actually countenancing ille- gal trade and, what is more, piracy. The colony was called a receptacle of pirates harbored by the govern- ment; she was charged with protecting fugitives from other colonies, of encouraging the migration of young men from Massachusetts Bay and New York to escape taxation for the prosecution of the war then being waged, and of refusing to do her part in colonial defense; nor would she allow her people to be sued by outsiders in her courts, nor the laws of England to be pleaded within the colony; nor countenance appeals to the Queen in Council; nor recognize the royal commissions relating to the vice- admiralty and the control of the militia; lastly she was charged with preventing Christians "not of their own community" to worship God without special license of 76; Sir Henry Ashurst to Governor Winthrop, February 2, 1705; E. B. Hinman, Letters, p. 325. 1 Louise P. Kellogg, The American Colonial Charter (Amer. Hist. Assoc. Sept. (1903), I), 287-291. 2 Lord Combury to the Board of Trade, September 9, 1703. Printed in N. Y. Col. Doc, IV, 1070. s Sir Henry Ashurst to Governor Winthrop, September 9, 1704. Printed in B. B. Hinman, Letters, p. 316. 46 JAEED INGEESOLL the assembly.^ This resulted in an attempt to put through parliament a bill depriving this colony as well as Ehode Island of charter privileges.^ It was in the midst of this tense situation, when, for the preservation of the charter, it was vitally necessary to give the highest proofs of loyalty and good order, that the Connecticut general assembly, at its May ses- sion in 1704, shrewdly turned the tables upon those who were denouncing the colony's hatred of royalty and law- less turbulency by establishing the office of queen's at- torney, and by directing the ministers in each ecclesiasti- cal society, "in imitation of our nation," to excite and stir up their good people "in order to indeavour a refor- mation of what provoking evills are to be found amongst us."^ The wording of the act creating this office was in form a tactful confession of neglect to deal effectively with the general situation and an earnest of a more duti- ful attitude in the future toward the mother country. The act, it is important to notice, met the demand, as far as Connecticut was concerned, that in all the colonies justice should run in the name of the sovereign.* It reads as follows: "Whereas we are often told from the public ministrie as well as from private discourses of the wise and pious persons of our age, that one crying sinne that may pro- cure impending judgements further to come down on our 1 E. E. Hinman, Letters, pp. 327-329. For a brief but good discussion of these charges see C. M. Andrews, Introduction to Fane's Beports on Connecticut Laws (Acorn Club Publ.), pp. 2-4. 2 Commons Journal, XV, 151. 3 Conn. Col. Bee, IV, 468. At the October session a direct oath of loyalty to the queen was provided for all who in the future desired to become freemen. Ihid., 483. * This demand was incorporated in the bill of 1702, which was submitted by one of the secretaries of state to the board. See Louise P. Kellogg, The American Colonial Charter, Amer. Hist. Assoc. Bept. (1903) I 290- 291. THE OFFICE OF KING'S ATTOENEY 47 land as well as those that are already inflicted on us, is the neglect of putting good lawes in execution against immoral offenders, that therefore such neglect may be prevented for the future, It is ordered and enacted by this court, that henceforth there shall be in every county a sober, discreet and religious person appointed by the county courts to be attorney for the Queen, to prosecute and implead in the lawe all criminal offenders, and to doe all other things necessary or convenient to suppress vice and immoralitie. ' " The significance of this rather ostentatious move in the direction of loyalty can better be appreciated when it is realized that Connecticut alone, of all the colonies, thus followed the example set by Virginia, one of the favored royal colonies, where the office of king's attorney had come into existence as early as the middle of the seventeenth century.^ 1 Conn. Col. Bee, IV, 468. The ' ' charges and encouragements ' ' of said attorneys were to be allowed out of the county treasury. 2 As far back as 1643 this ofSce came into existence in Virginia, when George Butland was appointed to prosecute a large number of citizens guilty of serious breaches of the acts of the assembly. He was to examine witnesses, take depositions, and with the local commissioner's aid, to bring the culprits to justice. In 1665 John Fawcett was chosen king's attorney by the Accomac County judges. Occasionally this officer was called "His Majesty's Attorney-General's Deputy." See Norfolk County Becords, Order of July 17, 1643; Accomac County Records, Order of August 15, 1665, quoted in P. A. Bruce, Institutional History of Virginia in the Seven- teenth Century, I, 570-571. It should be understood that the attorney general in other royal colonies had charge of all such actions as ran in the king's name. September 10, 1696, the Privy Council, upon a representation of the Board of Trade, referred to the consideration of the attorney general the question "whether an attorney-general may not be appointed for His Majesty in each of the severall Colonys and Provinces of Carolina, Pennsylvania, East and West Jersey, Conecticutt, Boad Island and the Massachusetts Bay in America; notwithstanding the Grants and charters to the said Colonys and Prov- inces?" Acts of the Privy Council, Colonial, II, $639. Emory Washburn, in his Judicial History of Massachusetts (p. 87), says 48 JAEED INGERSOLL As a result of this action the Connecticut county courts were provided with a county prosecutor, and criminal indictments now ran, "By information of the Queen's Attorney in her Majesties behalf."^ Jonathan Law of Milford, a staunch supporter of the charter, was selected in 1704 as the New Haven county queen's attorney.^ He was followed successively by John Reedy, Lieutenant William Adams, also of Milford, Daniel Edwards of New Haven, and Elisha Hall of Wallingford.' It was the latter that IngersoU followed in office when, in his twenty-ninth year, he was appointed king's attorney for New Haven by the bench at the session beginning the second Tuesday of November, 1751.* His brother-in- law, John Whiting, who was clerk of the court from 1742 that with the establishment of the county courts in Massachusetts in 1686, it was laid down by the president and council that no information should be received by the court where the king was the principal party, unless it was drawn or signed by the king's attorney. This, however, apparently refers to the of5ce of attorney general. See ibid., pp. 88, 99, 103, 134, 141, 203. See Massachusetts Civil List, by W. H. Whitmore, for lists of civil oflacers, which show that if ever created the of&ce could only have been temporary. 1 See the New Haven County Court Eeeords (1699-1712), II, 189, for the first example. 2 Ihid., II, 186. Jonathan Law had a long public career. In 1706 he was appointed a deputy to the general assembly; he was admitted to the bar in 1708; in 1711 he became a member of the governor's coimcil; in 1714 he was clerk of the upper house; in that year he was also appointed judge of the New Haven county court; in 1715 he became a judge of the supreme court; in 1716 he was speaker of the lower house; in 1724, deputy-governor; in 1725, chief judge of the supreme court; in 1728 he was appointed agent at London, but refused the appointment, and in 1741 he became governor. He died in offtce, November 6, 1750. Although a graduate of Harvard College of the class of 1695, his life was commemorated in the Yale Col- lege Hall by a funeral oration delivered in Latin by Ezra Stiles, then senior tutor. See Conn. Col. Sec, IX, 219 ; VIII, 416. 3 New Haven County Court Eeeords, III, 114; IV, 68, 194. i Ibid., IV, 483. THE OFFICE OF KING'S ATTORNEY 49 to 1773, was doubtless influential in getting the appoint- ment for him. It would appear from the county court records that the occupants of this post, previous to IngersoU, had generally forgotten the fact that criminal cases were to be prosecuted in the king's name. Indeed, efficient as many of these county prosecutors may have been, there is no evidence of the presence in the New Haven county court of any enthusiastic supporter of the royal preroga- tive up to the time when IngersoU assumed office. Elihu Hall, IngersoU 's immediate predecessor as king's attor- ney, was a rather popular figure ; he was sent by radical Wallingford to the assembly in 1743, was a captain of the militia in 1743, and in 1755 a major.^ With the se- lection of IngersoU, however, the office assumed a dignity and importance previously unknown to it. From this time on, until the outbreak of the Revolution, the New Haven county court register — ^in which previously the king's name never appeared — ^most punctiliously gave indictments in the name of "His Majesty." In the court proceedings themselves, instead of the cold formula, "By information of the King's attorney, on His Majesty's Behalf," which was introduced in 1704, although seldom employed in these records, actions now ran in the name of "The King, Our Sovereign Lord."^ Indeed, a reader of these proceedings can hardly avoid the impression, after coming to the records for the year 1751 and follow- ing, that he is surely in touch with sotoe devoted sup- porter of those conceptions wrapped up in the idea of British sovereignty of which the king was the symbol; iConn. Col. Bee, VIII, 552, 554; IX, 412. In 1765 he became an ardent opponent of the Stamp Act. 2 John Whiting, the clerk, who was personally responsible for writing up the proceedings, had been in office since 1740. The personnel of the bench also remained and continued to remain unchanged for years. 50 JARED INGERSOLL in touch, in other words, with an American loyalist, the successor of the earlier "prerogative man.'" It would be of value were we able to determine just what influences came into IngersoU's life to produce this attitude of mind, for it seems hardly possible that he inherited it from the pioneer of Westfield who had left 1 It is doubtless true that most American people of that period were nominally "loyal" and that it would have been diflScult to draw any hard and fast line iu any colonial community in 1750 between those who looked to an increase of influence on the part of the mother country in American affairs and those who sought to detach as far as possible the interests of the colony in which they lived from the imperial interests. Many personal factors, questions of religion especially, and those having to do with eco- nomic and social matters, played their part in the shaping of the colonist's position regarding England. There were of course certain shifting psycho- logical factors and for various reasons a man at one period might assume an attitude very different from that which he might take at another period. Even Benjamin Franklin in the early '60 's was drawn so sympathetically to the mother country that it was a matter of common knowledge that he was contemplating removing from America with ' ' his Lady and Daughter to spend the remainder of their days in England." (See letter of Thomas Bridges to Jared IngersoU, September 30, 1762. IngersoU Papers.) Never- theless, granting that loyalism at that period represented a certain more or less indefinable attitude of mind rather than what it later became, a political creed that assumed the proportions of a religion, there must have been a very large number of people who, together with IngersoU in the '50 's, held pronounced views in favor of exalting the connection with the mother country; otherwise the deeply ingrained loyalism that comes to the surface in America in the crisis of the '60 's and '70 's is inexplicable. Thousands of colonial families would hardly have Been willing to surrender every personal interest in their devotion to the British crown, if their loyalty had been of a sudden growth. On the other hand, it would seem to be just as certain that a very large proportion of the people of such colonies as Massachusetts, Rhode Island, and Connecticut, while doing lip service to the king's government, were fundamentally opposed to any considerable exercise of the royal authority over them. What they wanted most of all was to be left severely alone by the king and his government. "They hate anybody who owes subjection to the Queen. That our people find every day," complained Governor Cornbury of New York in his indict- ment of the people of Connecticut in 1703. (N. Y. Col. Doc, IV, 1070.) In other words, throughout the entire colonial period, two opposing tenden- cies seem to have been continually operating to shape and direct the thought of the body politic in America. THE OFFICE OF KING'S ATTORNEY 51 England when persecution was at its height. His fath- er's intellectual interests, apparently, were very limited; it may be that his association at Yale with students such as his classmate, Samuel Fitch of Lebanon, of later Tory fame, produced an effect. The most plausible explana- tion, however, can be found in IngersoU's taste for books, and among them, especially, English legal treatises ; the Yale College library, meager as it was, doubtless had the same result in molding the political conceptions of the Berkeley scholar, as it had, some decades previous, in causing Rector Cutler to repudiate Congregationalism in favor of Anglicanism. With great zeal young Ingersoll attacked the responsi- bilities of his office. At the very next session of the court, after his appointment, he arraigned, in the name of "Our Sovereign Lord the King," a group of Gruil- f ord men who had been acting in a riotous manner ;^ be- sides this, the grand jury seems to have been aroused into an astonishing state of activity in its search for criminals. So successful was Ingersoll in prosecuting those defying law and order in New Haven county that he was kept in office for over fourteen years.'' By far the most common criminal offense that came iNew Haven County Court Beeords, IV, 501-502. 2 He was appointed the second Tuesday of November, 1751, and served until his departure for England on his first agency, whereupon, November 18, 1758, Elihu Hall was again appointed king's attorney. In 1761 a Samuel Adams was acting in this capacity, but in February, 1763^ Hall was once again in office. At the November session in 1763, after his return from England, Ingersoll was reappointed and held office until in the fall of 1764 he left for England, when once again Elihu Hall was given the place, holding it till the first Tuesday in November, at which time James A. HiUhouse was given a temporary appointment. However, the week follow- ing, Ingersoll again took office and held it until January, 1771. Hillhouse again took charge upon the removal of his predecessor to Philadelphia. New Haven County Court Beeords, IV, 483; V, 200; VI, 98, 180; VII, 305. Beeords of the Superior Court, XIV, under dates February 24, 1761, and February 22, 1763. 52 JARED INUEESOLL before this tribunal for punishment was immorality. -A- study of the Connecticut codes^ leaves the impression that the Puritan, by reason of the peculiar methods that he used in his strivings for community sanctity; by his suppression of sports and many wholesome forms oi amusement, actually, though unintentionally, fostered vice. He, apparently, could not understand that life de- mands expression in ways other than the routine of daily material labor and that unfortunate consequences would be only too apt to ensue when the natural longing for joyous recreation was denied to youth. The accused, after having been presented to a justice of the peace by the grand jury, were, as a rule, bound over, with ' ' recognitions ' ' amounting to from £3.6 to £15 lawful money, to make an appearance at the next session of the court.^ These unhappy recreants found no sanc- tuary even in the subsequent establishment of a home, for the lynx-eyed grand juryman was almost sure to track them even there. During the years while IngersoU was king's attorney, literally dozens of married couples were summoned to appear in open court to answer charges of pre-marital relations. The latter in their shame generally refrained from appearing, preferring to forfeit their recognition bonds. Occasionally, how- ever, in a spirit of humility, the young couple would appear, humbly acknowledge their fault, and pay their fine.^ 1 L. H. Gipson, ' ' The Evolution and Application of the Criminal Codes of Colonial Connecticut and Pennsylvania," American Journal of Criminal Law and Criminology, VI, 177-190; 323-345. 2 Joshua Hempstead 's Diary contains frequent references to couples who, before admission to the church, were required to make public con- fession of guilty conduct in this respect. 3 Those who desire to investigate this unwholesome side of colonial life need only go through the county court records and examine those cases appearing in the register under the caption, "The King, Our sovereign Lord." THE OFFICE OF KING'S ATTORNEY 53 From the present-day point of view, there was some- thing unwholesome, depressing, and reactionary about the whole procedure described above. The notoriety accompanying the judicial proceedings at every stage was such as could hardly do otherwise than take away the self-respect of penitent young people. This method of dealing with such cases could only lead to whisperings, retaliations, ostracisms, and to an atmosphere of suspi- cion and community scandal-mongering. While IngersoU and the other officers of the law may be blamed for their zeal in meting out punishment to these unfortunates, yet after all, the fault lay funda- mentally with the law which they had bound themselves to see obeyed and it was inherent in the very conceptions of social control then prevailing in Connecticut. Still, taking all that into account, it must be admitted that IngersoU 's motto, like that of Strafford, was "thor- ough." Even his fellow office-holders found that they had to be on their guard against this champion of the law. In 1757, at the October session of the general assembly, in his official capacity he brought charges against Isaiah Tuttle, a New Haven justice of the peace, for having "grievously misdemeanored himself." Tut- tle had been unscrupulously making capital out of the litigious spirit which at this period seems fairly to have carried away the people of this community.^ This crafty justice of the peace, as the lawyer of one Eliza- beth "Ward of Wallingf ord, sued diverse persons whom he proceeded to summon before himself. No one else being present at these trials, he prosecuted the eases, gave judgments against the parties, and then coolly pock- eted both his attorney's fees and the perquisites of his 1 For a discussion of this point see Chapter IX. 54 JAEED INGERSOLL Justiceship. Through the efforts of the king's attorney he was dismissed from hia office.^ Until 1758, IngersoU seems to have confined his efforts strictly to his legal practice, with the result that by that year, although but thirty-six years old, he had succeeded in reaching the top of the legal ladder within the colony. Indeed, his powerful, disciplined mind and marked abil- ity in pleading at the bar became a Connecticut tradition in after years. President Timothy Dwight of Yale Col- lege,' with his strong Americanism, can be counted on to place a conservative estimate upon a contemporary who differed from him on the most vital questions relating to the welfare of America. "Few men," declared President Dwight in later years, "have excelled him in clear and comprehensive thought and strong powers of reasoning and few men ever man- aged a case with greater skill. At his entrance upon the argument, he conceded everything to his antagonist which was not in his own view of serious moment to his client, and often conceded so much, that he was believed by men of less understanding to have given up his cause. But he always reserved the essential points, which he exhibited with the utmost strength and advantage. His eloquence was remarkably calm and dispassionate, but 1 Conn. Archives, Crimes and Misdemeanors, V, 61-62 ; IngersoU Eecord Book; Conn. Col. Bee, XI, 66. 2 An interesting side light is thrown upon the times by the Benjamin King case, with which IngersoU was connected. It seems that King was in debt to Jonathan Atwater, Jr., of New Haven. In November, 1752, Atwater, accompanied by Stephen Howell, started in pursuit of King, described in the records as " a Eunaway, ' ' and overtook him about three miles from New Haven, on the Derby road, in a cart loaded with leather. King was set upon, his wrists were bound with a leather strap, and, cowed by the pres- ence of a threatening walnut staff, he was taken to the home of one Ephraim Morris, and there Atwater had his execution against King satisfied with "Leather and Thong." IngersoU, representing King, took the case before the general assembly. Conn. Archives, Crimes and Misdemeanors, IV, 228. 3 Timothy Dwight was president, of Yale College from 1795 to 1817. THE OFFICE OF KING'S ATTORNEY 55 was exhibited with, so much candor and firmness as to be remarkably persuasive. Indeed of the eloquence which is designed to convince, it was almost a perfect pattern. The same candor and fairness appeared in all his de- portment.'" One of the first public functions of importance that IngersoU was called upon to perform, outside of his work as king's attorney, was connected with a lottery. In October, 1754, he, with two others assisting him, was placed in charge of the affair which had been authorized for the purpose of raising £660 "for the finishing of said warf at Ferry Point in New Haven which through the present unhappy circumstance of trade was stopped." The lottery in question was not a success for some rea- son ; the speculative spirit of the people was at so low an ebb that only £150 was netted.^ The next year Inger- soU is found acting as the agent for "the Proprietors of the Common and Undivided Lands in New Haven, ' '^ and in this capacity he petitioned the general assembly for permission to sell enough of the land to allow for the laying out of the "eighth division."* In the same year, as "agent for the governor and company of the colony," he was called upon to take charge of certain important 1 President Timothy Dwight, A statistical account of the City of New Baven (1811), p. 73. 2 Conn. Archives, Travel, II, 203 ; Conn. Col. Bee, XI, 60. One of the original tickets is preserved in the Library of Congress. It reads as fol- lows: "Connecticut Lottery, ^ror the benefit of the Ferry-Point-WharfE in New Haven, 1754, Nomb. 4949, £12. The possessor of this ticket shall be entitled to such Prize as may be Drawn against the number (if De- manded within six months after the Drawing is finished) subject to no Deductions. Jared Ingersoll. " On the reverse of the ticket is written the following: "Five pounds paid. Eeceived six Pounds in part for what this ticket has drawn. New Haven, Nov, 19, 1755. A. Saltonsto" 3 This is discussed in Chapter I. * Conn. Archives, Towns and Lands, VIII, 143. According to Ezra Stiles this division of lands comprehended 2350 acres. Itineraries of Ezra Stiles, p. 189. 56 JARED INGERSOLL financial matters in which the colony was involved. That he had now begun in many ways to wield great influence in the affairs of the commonwealth is evidenced from a peculiar favor that Gurdon Saltonstall, son of the famous governor, and one of the most influential personages in the colony, besought of him in 1756.^ The circumstance was as follows: The previous year the last of the intercolonial wars broke out. For the successful termination of this strug- gle Great Britain was obliged not only to mobilize her resources but also to take steps to cut off the enemy from supplies. This last step necessitated, on the part of those in the colonies who had been plying a profitable trade with the foreign West Indies, a sharp readjustment in their commercial pursuits. Many colonial skippers, however, appear to have persisted in trading with the French Sugar Islands, in spite of the fact that the inhabi- tants were a hostile people. To cheek this tendency, at least on the part of Connecticut traders, the general assembly, loyally supporting the war, passed an act obliging all masters of vessels to give bond not to land provisions except in a British port, and also placed an embargo on shipping.' At this juncture, October 25, 1756, Colonel Saltonstall wrote from New London ask- 1 Conn. Col. Bee, X, 356. 2 May, 1753, Saltonstall had been chosen an assistant, and he was repeatedly elected a deputy from New London. In 1755 he had been appointed one of the commissioners, who were to provide transports and provisions for the movement of the Connecticut troops. Conn. Col. Sec, X, 152, 291, 349. 3 On August 20, 1756, Loudoun called upon the governors to prohibit the export of provisions. As early as March, 1755, the assembly forbade the export of provisions without special license from the governor. Conn. Col. Bee., X, 350, 424, 461, 485, 550. See also C. O. 5 : 1275. On October 9, 1756, the Board of Trade sent to the colonial governors a letter instruct- ing them to lay an embargo on shipping unless the same was carried on with some other British colony. For a statement regarding this, see G. L. Beer, British Colonial Policy, 1754-1765, pp. 82-83. THE OFFICE OF KING'S ATTORNEY 57 ing Ingersoll to intercede witli the governor, Thomas Fitch, to secure for him, if possible, a waiver of these trading restrictions. He desired to make a voyage to Surinam with a hundred barrels of beef and pork and a hundred barrels of flour, and in return for these provi- sions he planned to bring back forty Surinam horses. Saltonstall, however, was apprehensive regarding the attitude of the public toward his project, for he signifi- cantly begged Ingersoll not to "chose to ask it of the Assembly as there is danger they'd surmise I had some other design."^ For reasons that are now obvious, Jared Ingersoll, with all his abilities, his sturdy uprightness, and high- mindedness in general, never won popularity with the people of the colony. Many of the more thoughtful men might confide in him and honor him, but his record of strict law enforcement, his early sympathy with the inherited order of things, his meticulous care that "the King Our Sovereign Lord" should be kept before the eyes of the people as plaintiff in all infractions of the peace, could not stir the imaginations of those indus- trious husbandmen who were so intent upon the task of digging the ever present glacial rocks from the Connecti- cut soil, and fashioning them into fences, in planting and reaping, in suing their neighbors, in quarreling over the Saybrook Platform, and in worrying over a multitude of small community interests and scandals, that the king and his law, the British constitution and British tradi- tions were for most of them concerns of too remote a nature to appeal to their sympathies or to awaken their enthusiasm.^ 1 Gurdon Saltonstall to Jared Ingersoll, Ingersoll Papers. 2 Conn. Col. Sec, XI, 629. For example, Ingersoll was nominated to stand for the election of the governor's assistants in May, 1763, and in the election was rejected. 58 JARED INGERSOLL It was probably due to this difference in point of view that the lower house of the general assembly, reflecting the popular impulses, rejected a bill passed by the con- servative and aristocratic upper house in 1756, which provided for IngersoU's appointment as the colony s agent in London.^ Significantly, in his stead the lower house designated Jonathan Trumbull of Lebanon, later Connecticut's famous war governor, a man in sympathy with the democratic New Light faction, and with all his tact and judicial temper inclined to clash with the sup- porters of the crown's interests.^ The upper house was finally brought to ratify this choice at the following ses- sion in May. But Trumbull, " as he had not had the small pox prevalent in London and considering the circum- stances of his family," could not see his way clear to serve.' Again, in 1758, Trumbull was selected to go to England but once more refused ; the lower house there- upon gave way and agreed to the selection of IngersoU, who after modestly "pleading his unacquaintedness with public affairs of the colony and total ignorance of the per- sons and manner of the British Court," accepted the post, with a yearly stipend of £150 and all expenses "except that of cloa thing."* 1 Conn. Archives, War, X, 363. The rule was laid down by the home government that no colonial agent should be received who was not appointed by the concurrence of ' ' all branches of the colonial Legislature. " C. O. 5 : 216, fol. 67. 2 Conn. Archives, War, X, 363. 3 Ibid., X, 369, 373 ; Conn. Col. Sec, XI, 108. * Conn. Col. Eec, X, 374, 378. The joint committee of the two houses appointed to consider the matter of salary reported that "considering the Importance of the Undertaking and the Danger attending it as well as for the comfortable support of his family in his absence that there be granted to the si Mr. IngersoU the sum of one hundred and fifty pounds sterling per annum during his continuance in the service of the colony as agent — and further the s Governor Fitch to Secretary Fox, May 29, 1756. It would appear that most of the effects were finally recovered, and some of the money that had been appropriated. Ibid., I, 298-299. INGERSOLL'S FIRST LONDON AGENCY 69 tion and fair play; it showed that a Spanish treasure ship was almost as much a temptation to the dwellers of a colonial seaport in the eighteenth century as to the buc- caneers of the days of Elizabeth. That those who had taken a leading part in the proceedings connected with the ship in no wise felt secure in 1758, is shown by a let- ter which Joseph Chew, who had acted as marshal in the vice-admiralty court proceedings, wrote to IngersoU, the latter part of September of that year, upbraiding the lat- ter for neglecting to come to New London and, as his attorney, help him in his affairs. Chew appeared to be very nervous and declared that his own deposition was ready and that the other depositions would soon be pre- pared.^ He, of course, had hired Ingersoll to protect him in any proceedings that might take place in London over the matter. Before leaving for England, Ingersoll was not only 1 Joseph Chew to Jared Ingersoll, September 27, 1758, Ingersoll Papers. That which made the situation even more grave regarding Spain's atti- tude toward the whole affair was that the privateer Peggy, commanded by Bichard Haddon, committed certain acts of violence in 1756, against the ship of Don Telique D 'Frances, who was also a subject of the king of Spain. But in this case the colony acted with decision, when notified by the English government. Fitch, on October 15, 1757, called upon the sheriffs in Connecticut to seize the vessel should she arrive. This was done, and on March 31, 1758, in a letter to Pitt, he was able to state that satisfaction was made to the Spanish agents. See Fitch Papers, I, 313, 332. On September 5, 1758, Ingersoll wrote to Jonathan Trumbull asking him to send on the depositions and other documents regarding the snow, and on October 17 Governor Fitch wrote to Pitt, stating that he was sending, by Ingersoll, the colony's agent, additional papers bearing upon the affair; these, it was hoped, would "clear the colony of negligence." Ibid., 1, 352, 358. In the year 1771 a Spanish ship, with a cargo of sugar, and also bearing forty thousand Spanish dollars aboard, put into New London, after a storm had taken away her masts. The H. M. S. Beaver was at anchor there and her carpenters condemned the vessel as unseaworthy, with the result that another vessel was purchased, in which the sugar and the money were con- veyed to Cadiz. Perm. Journal, November 14, 1771. 70 JAEED INGERSOLL given the joint instructions, previously considered, but he also was specially instructed "considering Mr. Agent Partridge's advanced age and the probability that the colony may have occasion to appoint another person to transact our affairs in his stead . . . therefore, to make a prudent enquiry after some proper person of known ability, skill, and Disposition, who, when occasion shall call upon it, may be appointed our Agent. ' " With these instructions, IngersoU sailed to England late in the fall of 1758. Not long after his arrival. Par- tridge passed away and he was thereupon left in sole charge of the colony's affairs, not the least pressing of which, for the moment, was to rescue the Connecticut interests from the insolvent estate of his late co-partner in the agency. "^ During the period that IngersoU was accredited to the court of Great Britain as agent, by far his most im- portant work lay in urging the claims of Connecticut to compensation for the expense she incurred at various times during the years from 1757 to 1760 inclusive, in maintaining bodies of her militia in the field.' Accord- ing to a circular letter sent out by Pitt to the colonial governors, early in 1757, the home government agreed 1 Conn. Archives, War, X, 379. 2 When Partridge passed away he was owing the colony over £3000. A suit was instituted against the estate and in 1765 was terminated with a settlement of £2524.15.1. Eichard Jackson to Thomas Fitch, April 13, 1765, Fitch Papers; Conn. Col. Bee, XX, 258, 345. s Connecticut of course did not expect entire compensation, nor did she receive it. "In these services from the year 1755 to the year 1762 inclu- sive, the expenses of the colony, over and above the parliamentary grants (which have been received with the most sensible and humble Gratitude) amounts to upwards of four hundred thousand Pounds; the large arrears of which sum will remain a heavy, distressing Burden upon the People for many years to come. ' ' Reasons why the British Colonies in America should not be Charged with Internal Taxes (1764); reprinted in Conn.' Col. Bee, XII, Appendix. INGERSOLL'S FIRST LONDON AGENCY 71 to furnish the troops raised by the colonies with ammuni- tion, tents, and subsistence. All that the colonies were to do was to levy, clothe, arm, and pay the men.^ In later circular letters, the secretary of the southern de- partment offered not only to take from the shoulders of the colonies the expense of providing arms but, regard- ing the clothing and pay of the soldiers, assured the colo- nies that strong recommendations would be made to parliament at its next session to grant a proper com- pensation for such expenses as above, "according as the active rigor and strenuous efforts of the respective Provinces shall justly appear to merit.'" Upon the basis of this encouragement, Connecticut sent repeated reenforcements to the relief of Fort William Henry which, however, was captured by Montcalm, August 9, 1757, resulting in serious losses to the colony. Early in 1758 she voted to put at the service of Aber- crombie five thousand men,' in order to help make up the quota of twenty thousand that Pitt expected New England, together with New York and New Jersey, to furnish for the mismanaged Ticonderoga expedition and the other immediate military enterprises. In order to meet the extraordinary expenses, bills of credit were issued by the colony, with the provision that the reim- bursement secured from England should be applied to discharging the same.* As early as 1756 parliament granted to New England, New York, and New Jersey, as a "free gift and reward for their past services and an encouragement to them to continue to exert themselves," the sum of £715,000, out of 1 See Pitt's circular letter of February 4, 1757. N. Y. Col. Doc, VII, 216. 2 Those letters were sent out December 30, 1759, and December 9, 1758. rbid., VII, 340, 351. sconn. Col. Bee., XI, 72-93; Cal. Home Office Papers, 1760-1765, ^98. 4 Conn. Col. Bee, XI, 101. 72 JARED INGEESOLL which £26,000 was apportioned to Connecticut/ After the fees at the exchequer and the treasury office, and the cost of insurance, carting, and shipping, amounting to £1098.15, had been paid,=' the remainder of the money, made up principally of Spanish milled pieces and Portu- guese gold coins, was packed in twenty-five chests and eighteen bags and sent to America.^ This appropriation was the beginning of a series of grants to the colonies during the period of the war. In order to facilitate re- payment, Pitt had impressed upon the governors the importance of having in the hands of duly authorized agents in London, the necessary documents relating to the colonial military expenditures.* The part played by IngersoU and his fellow agents in securing reimbursement was, in fact, very important ; they laid before the Board of Trade and other depart- ments and branches of the government statements of expenses when desired; they actively urged the claims of the colonies with those in positions of influence ; they saw that the various fees, for sign manuals and war- rants, for orders and the writing of bonds, as well as the other charges against the colony at the exchequer, were met after parliament had acted ; they took charge of the money, deposited the same in some bank of standing and drew upon it at the order of the colonial governments." 1 See the letter of John Thomlinson and John Hanbury to Governor Fitch, April 5, 1756, with appended documents, printed in Conn. Hist. Soe. Coll., I, 285-291. 2 Ibid., I, 289. 3 Ibid., I, 286-287. 4 Pitt to the Governors of North America, December 29, 1758, N. T. Col. Doc, VII, 355. 5 IngersoU patronized the house of Hinton, Brown & Son, bankers, of Lombard Street. In a letter explaining his action he stated that the Bank of England would not enter any moneys for any body corporate or for any individual who resided at a distajice and who must negotiate by proxy. He was convinced that this private bank had ' ' nearly or quite as good a repu- INGERSOLL'S FIRST LONDON AGENCY 73 During the later period of the war, instead of sending to America chests of gold and silver, as was the case in 1756 and in 1758,^ the Connecticut agents were instructed by the general assembly to leave the specie in England "on account of the price that foreign coins bear" in London. Bills of exchange signed by the governor were thereupon issued against these funds, after the specie had been purchased by the highest bidder.^ The only serious difficulty that Ingersoll met with in his efforts to secure reimbursements was in connection with the expenses entailed by the colony in the billeting of the militia sent to the relief of Fort William Henry. Although the general assembly had appointed two dif- ferent committees to prepare "the most material facts attending the affair," with authenticated evidence,' al- though the committee of the pay table forwarded a state- ment of the number of troops employed and the amount of rations consumed, with their affidavits attached there- to, on account of the lack of the necessary vouchers, claims to the amount of £912.8.7 were left unpaid.^ Gov- tation as the Bank of England." The Connecticut assembly had ordered him to place the money on interest. As the English banks did not, as he informed Governor Fitch, "ever allow interest for monies in their hands," he felt impelled to lay out the money "in a particular species of the funds carrying an interest of £4. pr cent ; ' ' although he had flattered himself that the colony could benefit by this, he found when he came to dispose of these stocks ' ' that the Public funds sunk so low in the Capital ' ' that he was scarcely able to save the colony from loss. Jared Ingersoll to Thomas Fitch, August 10, 1761. Agents Letters (Conn. Sist. Soc.) ; Conn. Col. Mec, XI, 490. 1 Hid., XI, 102, 574. 2 Ibid., XI, 437, 490, 502. 3 Ibid., XI, 108. * The following item from the Treasury Papers shows what difficulty Connecticut had with this account : ' ' Connecticut 's claims for repayment of expenses in victualling the provincials (1757), as stated by J. Ingersoll, Jan. 29, 1761, Endorsed. June 30, read, reconsidered the application of Connecticut, agreed that the former Minute do stand. ' ' Treasury, 1 : 377 (Andrews, Guide, 11, 162.) . 74 JAEED INGEESOLL ernor Fitch, in fact, was so concerned lest this sum should slip through the hands of the colony, that late in 1761, after IngersoU's return to New Haven, he sent to the latter his stallion from Norwalk with an appeal to ride the animal to New York in haste in order to see Lord Amherst, who was in charge of the military affairs m America, and bring the negotiations to a settlement be- fore the latter left that city.^ The other matters referred to in the joint instructions dragged along beyond the period of IngersoU's agency.^ However, by that time the affair of the St. Joseph and St. Helena had lost its serious aspect for the colony, since Pitt was urging war against Spain on account of the so- called Bourbon Family Compact. IngersoU's other lead- ing activities in England at this time, in connection with the effort to get a vice-admiralty court for Connecticut, his contract with the Navy Board for masts, and his 1 The Lords of the Treasury had, according to IngersoU, directed Sir Jefifrey Amherst to examine the colony's demands, and if found just and true to pay them. Jared IngersoU to Thomas Fitch, August 10, 1761, Agents Letters (Conn. Hist. Soc). Thomas Fitch to Jared IngersoU, November 12, 1761, IngersoU Papers; Jared IngersoU to John Ledyard, November 11, 1761, ibid.; Thomas Fitch to Jared IngersoU, November 19, 1761, ibid.; Thomas Fitch to Jared IngersoU, November 28, 1761, ibid. 2 Eichard Jackson, the successor of IngersoU in the agency, received instructions covering, in all essential things, the same grounds. Conn. Archives, War, X, 387-388. IngersoU returned to America during the summer of 1761, on board the man-of-war Alcide. WhUe aboard he penned, on August 10, a letter to Governor Fitch. Among other things he said "that in conversation with Mr. Secretary Pitt, Soon after my arrival at London I learned that no further complaints had been made on the part of the Spaniard, Since the Colony's Account of their proceeding's & conduct in that affair had been laid before the Spanish Minister. ... I believe it may Safely be Con- eluded there is nothing further to be apprehended from that affair. "The Mohegan Controversy StUl lies Dormant nor has anything been moved relative to the Line between the Colony of the Massachusetts Province." Jared IngersoU to Thomas Fitch, August 10, 1761. Agents Letters (Conn. Hist. Soc). INGERSOLL'S FIRST LONDON AGENCY 75 work in behalf of the Susquehanna Company, will be dealt with in succeeding chapters. The period of almost three years that he spent abroad afforded him, on the whole, a most delightful and profit- able experience. He established himself in North Palace Yard, near Westminster Hall, in the lodgings of one Ann Davies, proceeded to get in touch with leaders in gov- ernmental affairs, became the friend of prominent Englishmen and colonials, busied himself with various Connecticut matters that took him to Whitehall, not a great distance away from his lodgings, where the Treas- ury Board, the Board of Trade, and the Lords of the Admiralty sat, and where in the Cockpit were the offices of the secretary of state for the southern department and the chambers of the Privy Council ; he also attended ses- sions of parliament and spent much of his leisure time in Westminster Hall, where the common law courts and the court of chancery were established, listening to the argu- ments of the leading British advocates, and for enter- tainment of a lighter sort he attended the theater, when Garrick was acting.^ The man of the hour in England in 1759 was, of course, William Pitt. Ingersoll early had the opportunity of meeting the latter at his home, and also from the visitors ' gallery of the House of Commons listened to his oratory. 1 In 1759 Ingersoll wrote rather a chatty letter to his friend, William Samuel Johnson. "You will naturally suppose I have improved some of my leisure hours in looking into the several courts — 'twas term time when I came, accord- ingly I attended Some little at the King's Bench, Some at Chancery; at the Common pleas and at the settings of Guildhall — have also been in the House of Commons and have heard argued several Causes on appeal before the House of Lords and some at the Cock pit before the Council, etc. The late Lord Chancellor Hardwick, the present Lord Chief Justice Mansfield, and the Lord Keeper Henly seem to be very much the Triumvirate who Decide all matters of weight at whatsoever Board." Jared Ingersoll to William Samuel Johnson, April 17, 1759, Johnson Papers. 76 JAEED INGERSOLL The quaint description that he has left of this popular leader is not entirely flattering. According to him Pitt had a "thin face, somewhat pale, a Roman nose, his legs pretty small and almost all the way of a bigness — ^his ankles being swelled with gout, which makes him hobble rather than walk when he goes. If he had any fault, it is his language being a little too much swollen, seeming to border on bombast and fustian. I believe he is a greater speaker than reasoner.'" If the great commoner failed to captivate Ingersoll, it is nevertheless certain that he was deeply and happily impressed with the new king, George III. "As to news," he wrote to Ezra Stiles in 1761, "I know of nothing remarkable. The Parliament was dissolved yesterday. I had the pleasure of being present in the House of Lords when the young King in his Regalia, attended by a numerous and most brilliant assembly of nobility, Ladies and Gentry, received the farewell speech of that venerable Personage, Mr. Onslow, speaker of the House of Commons. . . . The scene closed with the King's speech delivered, I do assure you, with all the grace or beauty of an accomplished speaker. He is cer- tainly not only as a King disposed to do all in his power to make his people happy, but is undoubtedly of a Dis- position truly religious and to those more noble accom- plishments has the at least desirable additional circum- stance of a good Person and fine Elocution."^ It might be mentioned at this point that among the circle of friends and acquaintances that Ingersoll made during his sojourn in England there were two who were destined to play important parts with him five years hence in the Stamp Tax crisis; these were, Thomas 1 Jared Ingersoll to William Samuel Johnson, Beoember 22, 1759, ibid. 2Jared Ingersoll to Ezra Stiles, March 20, 1761, Itineraries of Ezra Stiles, p. 502. INGERSOLL'S FIRST LONDON AGENCY 77 Whately, counselor-at-law, a student of finance and later a secretary to the Treasury, and Benjamin Franklin, the colonial agent for the Pennsylvania Assembly.^ It should be borne in mind that in sending IngersoU to England, the Connecticut government had not expected that he would become the permanent agent, in view of the important interests he had within the colony. In fact, ^fter settling the amount of his salary, which was £150 sterling, as was stated, the assembly cautiously em- powered the governor "to draw a bill of exchange on Richard Partridge of London, Esq., for such sums as his Honor shall think needful not exceeding £300 sterling payable to Jared IngersoU for his expenses during his stay in Great Britain to transact our affairs as agent there.'" At that time he was particularly instructed to find, before returning to America, someone who was suitably qualified to represent the colony as permanent agent. Early in 1760 he decided to recommend to the general assembly, his friend, Richard Jackson, commonly dubbed among his acquaintances, "Omniscient" Jack- son, because of his extraordinary stores of knowledge, who was, in fact, a most distinguished barrister, and later not only the standing counsel for the South Sea Company and for Cambridge University, and the legal adviser of the Board of Trade from 1770 until its disso- lution in 1782, but also, from 1762 to 1784, a member of 1 That Franklin 's regard for IngersoU was sincere and warm is evi- denced by a letter which he addressed to the latter after they had both returned to America. "I thank you," wrote Franklin, "for your Kind Congratulations. It gives me pleasure to hear from an old friend i it will give me much more pleasure to see him. I hope, therefore, nothing will prevent the journey you propose for next summer and the favor you intend me of a visit." Benja- min Franklin to Jared IngersoU, December 11, 1762 (IngersoU Collection). 2 Conn. Col. Bee, XI, 128. 78 JAEED INGEESOLL parliament and in 1782 a lord of the Treasury. This nomination was ratified by the assembly in March.^ While accepting the appointment, Jackson apparently was unable to give the time necessary to care for the more routine matters of the colony. Therefore, later in the year, upon the recommendations of both IngersoU and Jackson, Thomas Life "of Basinghall St., London, Gentleman," was designated by the assembly as joint agent," with the provision "that Mr. Jackson's sallary be £100 sterling a year and Mr. Life's £50.'" The circumstances which led Jared IngersoU, after thus providing for the interests of Connecticut, to tarry for an additional year in England without pay, will be considered in the following chapter. 1 Conn. Archives, War, X, 374. IngersoU became acquainted with Jack- son through William Samuel Johnson, who gave the newly appointed London agent a letter of introduction to this brilliant barrister. William Samuel Johnson to Bichard Jackson, September 25, 1758, Fitch Papers, I, 354-355. 2 Conn. Col. Bee, XI, 439. 8 Conn. Archives, War, X, 391-394. CHAPTER IV THE CONNECTICUT VICE-ADMIRALTY JURIS- DICTION. THE PRESERVATION OF THE KING'S WOODS IN CONNECTICUT. THE STRUGGLE FOR THE MASTING TRADE OF NEW ENGLAND Late in the spring of 1760, Jared Ingersoll, who was still in London, received a communication from Gov- ernor Fitch, which contained a request, in the form of a resolution of the general assembly, that the home gov- ernment be asked to create a court of vice-admiralty exclusively for Connecticut.^ In light of the traditional unpopularity of the admiralty authority in America,^ this is a surprising, if not a unique, colonial document. However, before dealing with the conditions that gave rise to this, it would be well to examine briefly the situa- tion within the colony at that period. When admiralty courts were erected by the crown in America, at the end of the seventeenth century,' under 1 Conn. Col. Bee, XI, 358. 2 Beer's statement should be followed with great caution, when, in re- ferring to the degree of opposition against the vice-admiralty jurisdiction in New England, he writes, "This opposition was, however, to a great extent confined to the directly interested localities and was not supported by the governments of New England." As will be seen in the progress of this chapter, the Connecticut application for an admiralty court upon which he relies in support of his statement was made under pressure of such peculiar motives that it can hardly be used legitimately as setting forth any char- acteristic attitude of the Connecticut government. British Colonial Policy, 1754-176S, p. 289. 3 It should also be borne in mind that Connecticut, under the terms of 80 JARED INGEESOLL the provisions of the Navigation Act of 1696/ the colo- nies were brought together into two jurisdictions, the first including New England, New York, and the Jerseys, and the second, all the colonies lying to their south. When it was later found expedient to separate the colo- nies into smaller jurisdictions, Connecticut, New York, and New Jersey were combined for that purpose,* and this was the situation in 1760. The complete personnel of a vice-admiralty court was a judge, a register, a mar- shal, and an advocate.* The judge, by the terms of his commission, possessed very wide powers in dealing not only with maritime cases,' but also on the basis of a law passed in the eighth year of the reign of George I, with cases arising out of trespasses committed against the king's woods." As far back as 1699, when "William Attwood was se- lected as the first judge of vice-admiralty for the north- em jurisdiction, the practice arose of making the chief justice of the province of New York also an admiralty judge.' In 1760 Colonel Lewis Morris was serving in her charter, laid claim to admiralty jurisdiction, and as eaxly as October, 1681, by an act of the general assembly, the court of assistants was invested with the powers of a court of vice-admiralty in Connecticut. Conn, Col. Bee, III, 132. 1 7 and 8 William III, c. 22. 2 A. P. C. Col, 1688-1720, J815. 3 ' ' Memd by Mr. IngersoU of Sundry Matters relative to the present Circumstances of the Court of Vice Admiralty at New York, etc." C. O. 5:1275, W 43. * The latter also was called a king 's advocate and a judge advocate. C. O. 5: 1276, X 3; 1275, W 43. In addition to the judge, a surrogate, who was in the nature of an act- ing judge, might be appointed, as was the case at the time of the creation of the court for aU America in 1764. Admiralty Papers, Out Letters, 1057. (Andrews, Guide, II, 37.) 6 See Chapter X for a discussion of this. 6 8 George I, c. 12, sec. 5. ' 7 A. P. C. Col., 1688-1720, J815. THE yiCE-ADMIRALTY JURISDICTION 81 tMs double capacity, although apparently holding his vice-admiralty post under a clouded commission.^ As was noticed in the preceding chapter, whenever it was necessary for Judge Morris to take cognizance of cases that arose in Connecticut or New Jersey, instead of sum- moning the parties to appear before him in New York, he was obliged, according to his commission, to go into the colony in question and there hold court, a practice that involved delays and considerable expense, which had to be borne by those who called upon him, unless it so happened that the costs were saddled upon the defend- ants.^ "While important cases occasionally arose within this jurisdiction, it would appear that Judge Morris's court was not pressed with the sort of business, as a rule, re- quiring the services of an advocate, whose work was to prosecute cases in this court in the name of the king. In 1730 Eichard Bradley, attorney general for the province of New York, had been given a commission also as advo- cate ; which was co-extensive with the jurisdiction of the court of vice-admiralty.* However, according to infor- mation furnished the Board of Trade in 1760, Bradley i According to data furnished to Jared Ingersoll at the Admiralty, Morris had been set aside as judge of vice-admiralty in 1747 on account of misconduct, and in his place, James Alexander, also of New York, had been commissioned. But Alexander happened to belong to the same politi- cal faction in the province as did his predecessor, and declined to serve, excusing himself "from tenderness to Mr, Morris." The latter thereupon resumed his office, although there was no revival of his commission. Jared Ingersoll, in presenting the situation to the Board of Trade in 1760, raised the question whether Morris, under the circumstances, could claim any warrant for exercising these powers. C. O. 5: 1275, W 44. 2C. O. 5: 1275, W 43. 3 Sampson Shelton Broughton, who was the first advocate for the north- em admiralty jurisdiction, was also attorney general for New York. His appointment was in 1699. A. P. C. Col., 1688-17S0, §815. N. Y. Col. Doc, IV, 599. In 1723-1724 Bradley had become attorney general. He con- tinued in office until his death in 1752. N. Y. Col. Doc, V, 982, note VI, 17. 82 JAEED INGEESOLL had been dead for years and there had been no renewal of the office.^ The reason then assigned was that there was little occasion for the office, since the work of the admiralty court, when sitting at New York, consisted largely of determining questions relative to prizes brought into New York in time of war.^ So little, m fact, was known about this post of king's advocate, per- taining to this jurisdiction, in 1753, that the surveyor general of the king's woods in America, Benning Went- worth, in urging the appointment of a Connecticut "Judge Advocate," by the general assembly, that year, contended in a letter to the governor that the king's advo- cate for New York had no jurisdiction in Connecticut/ In reply to Wentworth, Governor Wolcott was forced , to confess that "A Judge Advocate being an officer wholy New to us, it will be proper for you in your Answer to this to enclose me a form for his Apointment or Com- mission with advice of the duty and business of this post."* In fact, Connecticut had had very little experience with the operation of a vice-admiralty court and this expe- rience had not been of a happy nature. At the very time that Wentworth made his request, the colony was still discussing the scandal arising out of the admiralty pro- ceedings at New London in December of the previous year, in connection with the Spanish ship affair, and there is every reason to believe that the Connecticut gov- iC. O. 5: 1275, W 43. 2 Hid. 3 ' ' My reason for this request is founded upon an Information that the Judge Advocates' commission for Kew York does not extend to your Honor's government, Although the Judge of Vice Admiralty's Commission gives Him Jurisdiction in both Governments, and if this be fact there is an absolute necessity for the Appointment of such an ofieer." Wolcott Papers, p. 232. * Ibid., p. 236. THE VICE-ADMIEALTY JURISDICTION 83 ernment was anxious to have just as little contact as pos- sible with this particular type of court. Not only had there been an armed conflict between the guards ap- pointed by the colony's agent, Gurdon Saltonstall, and the admiralty marshal, Joseph Chew, over the possession of the Spanish treasure,^ which certainly did not spread good feeling, but Judge Morris had seen fit to write a very threatening letter to the governor. "What treat- ment," he declared, "I have met with myself, I shall take some other opportunity to acquaint your Honour, at the same time I must acquaint your Honour that I shall represent the affair to His Majesty and his Minis- ters in the strongest Terms Imaginable at the same time I hope your Honour and the Government by your future Conduct will mittigate the just Eesentment of the Brit- ish ministry.'" But, in spite of this unhappy experience in 1752, which for years plagued the colony; in spite of the open hostil- ity of Massachusetts and of Rhode Island in 1760 toward the vice-admiralty jurisdiction,' the Connecticut general assembly in March voluntarily appealed to the crown to establish a court of vice-admiralty exclusively for the colony. This resolution, it may be suggested, before going further, represents perhaps the most notable re- versal of public policy, the most radical change of atti- tude toward the direct interference of Great Britain with the administration of affairs in Connecticut, in the entire history of that colony. It can, indeed, be ventured with little fear of contradiction that the expectations of gain from this move must have been very large to have led these representatives of the people to swallow their 1 See the preceding chapter for an account of this. 2 Wolcott Papers, pp. 226-227 ; and see Joshua Hempstead 's Diary, pp. 91, 502, 598, 600, 604, 620, 622, 624, 625, 642-643, 654. 3B. J. Col. Bee, VI, 371-372; Quincy, Mass. Beports, 541-547, 557. 84 JAEED INGERSOLL inherited distrust and dislike of this civil law court, operating without jury, under an autocratic and some- times venal judge and deriving its authority and vitality solely from the British crown. The reasons for this, as set forth by the assembly, were that it was believed necessary to begin getting masts by way of the Connecticut River; this would be of some advantage to the people of the colony as it would enable the importer to make remittances for his goods, in place of draining the colony of its cash ; since this was so, it was felt that effectual care should be taken to preserve the woods,^ which protection could be provided for by the erection of a court of vice-admiralty within the colony. In dealing with this question of timber preservation, the fact cannot be overlooked that efforts previously made to preserve the king's woods in Connecticut had not been at all popular. In 1747 Governor Jonathan Law, in addressing the general assembly, took occasion to re- fer to the appointment of a deputy surveyor of the woods for Connecticut, remarking that he should like to know the sentiment of the deputies, "I know its neither silver 1 The legal history of Connecticut should not be ignored in this con- nection. Both Connecticut and New Haven colonies, in the beginning, repudiated the English common law and set up the Pentateuch. It was only very gradually that any modification of this attitude took place. While it is true that the eighteenth century witnessed a change, the people were, nevertheless, strongly devoted to the legal system inaugurated by the Con- necticut pioneers. The civil law procedure, of pagan origin, was not only foreign to their own legal system but to the legal conceptions of the Anglo- Saxon race and could hardly have been otherwise than distasteful. L. H. Gipson, "The Connecticut Codes," Amer. Jour., Crim. Law, VI, noa. 2 and 3. When the vice-admiralty jurisdiction of Judge Attwood of New York was extended in 1701 so as to include Connecticut and the rest of New England as well as New Jersey, the governor of the colony did not hesitate to denounce this as a direct violation of the charter. A. P. C. Col., 1688-17S0, $815; C. O. 5: 1287, pp. 201, 203. 2 Conn. Col. Bee, XI, 358. THE VICE-ADMIEALTY JURISDICTION 85 or gold."V Both in 1753 and 1755 the colony had treated with extreme coolness the appeals of Surveyor General Benning Wentworth and those of his deputy, Daniel Blake, that action should be taken (for the sake of the preservation of the woods) to make the vice-admiralty jurisdiction effective within the colony. January 17, 1753, Wentworth wrote to Governor Wolcott apprizing him of the fact that his deputy had met with resistance in the execution of his duty within Connecticut, and ask- ing him to publish the surveyor general's commission and to issue a warrant to all civil officers to aid those in charge of the king's woods in the performance of their duties; in addition he requested, as was noticed above, the appointment by the colony of a judge advocate to prosecute trespassers against the king's woods, in the court of vice-admiralty.^ This last request was repeated June 25 of the same year, when "Wentworth complained of the shocking treatment of Blake, who, while in the exe- cution of his office of deputy surveyor, had been hurled into a mill pond by his fellow townsman, Daniel Whit- more of Middletown. The surveyor general warned the governor that "these are offenses of a Dangerous nature & upon a due Eepresentation thereof by me to His Maj- esty may be injurious to your colony."^ Although Wol- cott had promised to lay before the general assembly at its May session the question of appointing a Connecti- cut "Judge Advocate,"^ although Daniel Blake had peti- tioned the assembly in its October session to appoint Samuel Johnson, advocate general, Samuel Merriman, registrar, and William Wright, marshal for the vice- admiralty court, when sitting in Connecticut," the depu- 1 Wolcott Papers, p. 467. 2 J6id., p. 232; C. O. 5: 1276, X 3. 8 Wolcott Papers, p. 310. i Hid., p. 236. 5 Hid., p. 378. 86 JARED INGEESOLL ties were cold to all suggestions. As a result, two years later Wentworth again wrote to the governor of Con- necticut in a spirit of loud complaint, demanding that "Whitmore, the assailant of Blake, be punished, and threatened to take the case through the Connecticut courts and then appeal to his majesty the king, in case ample satisfaction were not given to him ; he also signifi- cantly gave notice that he had applied for the establish- ment of a court of vice-admiralty for Connecticut.^ But the menacing letters of Wentworth seemed to fall on deaf ears, with the result that the unfortunate Blake, after being subjected to other indignities, among which was "unlawful imprisonment by William Pitkin," in despair resigned this office, and in 1759 wrote a pathetic appeal to the Board of Trade asking for redress against the peo- ple of Connecticut for the hostility shown him while trying to care for the king's woods.^ The question, therefore, immediately arises, How did it happen that the people of Connecticut, previously so utterly indifferent to the preservation of his majesty's woods, came suddenly to appreciate the advantages that might flow from it, with such ardor that they were now anxious to see established in their midst a court foreign to their most cherished political ideals? 1 C. O. 5 : 1276, X 3. Although Wolcott went out of office in 1754, on May 15, 1755, Wentworth addressed the communication to him as governor of Connecticut. 2 At the meeting of the Board of Trade, held April 25, 1759, there was read a memorial from Blake "complaining of several Hardships and per- sonal Injuries sustained by him in the execution of that office. It appear- ing to their Lordships upon consideration of the said memorial that the Injuries and Hardships complained of were of a private nature, and that it was not within their power and department to give any relief in, or take cognizance of this Affair as the matters complained of had reference to an Officer Acting under the Direction of the Lords Commissioners of the Admiralty, the Petition was laid aside. ..." Board of Trade Journals, 1675-1782, vol. LXVII. THE VICE-ADMIRALTY JURISDICTION 87 Connecticut, it should be remembered, had always labored under the serious handicap of lacking an impor- tant export staple which New Hampshire with its tim- ber, Massachusetts with its fish, Rhode Island with its rum, New York with its furs, Virginia with its tobacco, North Carolina with its naval stores, and South Caro- lina with its rice and indigo, fortunately possessed. These export staples naturally served not only to keep within the favored colonies the specie circulating there, but also to provide the means for an important direct commerce with England and the outside world under the more or less formal restrictions of the navigation and trade acts — thus adding greatly to the wealth of the peo- ple. But Connecticut was unhappily situated, hidden be- hind Long Island and close to the most superb harbor of the North American coast. She, therefore, had been obliged to witness the practical monopolization of the direct foreign trade to England and the other parts of the Old World by New York and her New England neighbors, with the consequent economic subjection of her people to outside commercial interests. Although it would appear that in the '50 's, before the outbreak of the Seven Years ' War, the colony had been fairly prosperous, the tide, by 1760, had turned against her, steeped as she was in debt,^ and a truly alarming decline in the value of Con- necticut lands took place, as people began streaming away to newer and more hopeful sections of the coun- try.^ Now, however, a way seemed to open for clearing away 1 Conn. Col. Bee., XII, Appendix. 2 Ezra Stiles was informed that by 1761 land had fallen one-quarter in value. In 1762 the testimony was gloomily recorded that "a few years ago wild land was £30 and £25 Old Tenor an acre, now sold for £19 the best & good for £15. Many are selling this land in order to remove" to New Hampshire and Lydius's patent, later known as Vermont. Itineraries of Ezra Stiles, p. 50. . 88 JARED INGERSOLL this economic depression and placing the colony on a per- manently prosperous basis. No wonder, under the cir- cumstances, that the chance of bringing this about made an irresistible appeal to the public. What was known as the great New England pine belt of that day extended from Nova Scotia west and south- west beyond the Connecticut River. The British govern- ment had early grasped the importance of preserving this virgin forest from waste, as an inexhaustible source of masts and other naval supplies, which it had been com- pelled to draw principally from Sweden and other for- eign parts. It would appear that as early as 1692, Ed- ward Randolph was acting as surveyor general of his majesty's woods in America,^ an oflSce created for the protection of the timber; he was followed in turn by Jahleel Brinton,^ John Bridger, Charles Burniston, Charles Armstrong, and David Dunbar, which latter, in 1744, surrendered his office to Benning Wentworth,' who retained this post until, in 1767, he turned it over to his nephew, John Wentworth. The surveyor general was charged with the responsibility of encouraging, by all legal and proper methods, the production of naval stores, of preventing the destruction of trees fit for masts, and of bringing to justice violators of the law regulating the use of the pine woods. For, by a series of parliamentary acts, the timber of North America, and especially the white pine belts, had been placed under the special pro- tection of the king.* An act passed in the second year of 1 C. S. F. 16S9-1690, $1830. For a discussion of the early preservation of the woods, see B. L. Lord, Industrial Experiments in the British Colonies of North America, Chapter II. 2 See ' ' Calendar of New Hampshire Papers in English Archives, ' ' New Hamp. Hist. Soc. Coll., X, for a great deal of uiformation in very brief form regarding these surveyors general and the care of the woods. 3 C. O. 391 : 51, p. 52. 4 3 and 4 Anne, c. 9, sec. 2; 9 Anno, e. 22; 8 George I, c. 72; 2 George II, p. 35. THE VICE-ADMIEALTY JUEISDICTION 89 the reign of George II provided that, without special license from the crown, no white pine trees, except the property of private persons, should be cut within Nova Scotia, New England, New York, and New Jersey. The surveyor general was aided in his work of executing these laws and other regulations, by deputies, who went about, placing the king's broad arrow on the finest and most accessible trees measuring ■ over twenty-four inches in ^rth three feet from the ground. The struggles of these deputies with the loggers of New England is a very dramatic phase of colonial history.^ The chief logging centers in North America, in 1760, were in New Hampshire and Maine. By far the most important of these was the Piscataqua River district, which for over a century had maintained its supremacy in spite of the transference to Maine, in 1727, of impor- tant mast contracts for the royal navy, by the agent, Colonel Westbrook. Along the banks of the Piscataqua and its tributaries scores of sawmills were located, and ships, la:rge and small, were built. At its mouth were Portsmouth and the custom house, the former the most important shipping and commercial center north of Mas- sachusetts Bay, where the headquarters of the surveyor general of the king's woods in America were maintained and whence, according to his energy and motives, the surveyor general carried on a more or less continuous struggle with the New England lumbermen, who were inclined, as a rule, to pay but scant respect to the timber regulations. The constant activities, legitimate and otherwise, of the loggers had resulted in the clearing away of the pine Woods from the most easily accessible regions along the northeastern New England coast, so that by 1760 it had become more difficult and costly to procure from these ■ 12 George II, e. 35. 90 JARED INGERSOLL parts logs that were suitable for ship masts.^ The idea was then conceived by Connecticut parties of tapping the New England white pine belt by way of the Connecticut River and, by this means, of building up for Connecticut an export staple of great value and importance. In order to realize this ambition, however, two thmgs appeared to the promoters not only desirable but neces- sary. One was to prove to the Navy Board that the Con- necticut River was now the logical avenue for the tap- ping of the great pine belt for that portion of the masts and other ship timber which the British government was drawing from America for the use of the royal navy. The other was to secure the erection of a vice-admiralty court. There were two reasons why a court seemed im- perative for the success of the enterprise. In the hands of strong friends, it would take active steps to deal with the constant and unlawful timber depredations carried on by parties living in these sections along the river where good masting could be obtained.^ It would help to protect the contractors, also, from the hostility of the settlers in those localities where the trees were to be cut. While Connecticut contained some little timber suitable for masting,^ yet the white pine trees for this purpose, iC. O. 5: 1275, W 43. 2 In case the logs were floated down the Connecticut Eiver, libels could be gotten out against them and the court could thereupon condemn them. 3 This fact is made clear in the following exchange of views between Governor Wolcott and Surveyor General Wentworth in 1753: "There are no White pine Trees," wrote Wolcott, "fitt for His Majesties Navey as I hear of Growing in this Colony but on the lands Lying on the North west of it. These Lands were Granted by the Corporation to the Inhabitants of the Towns of Hartford and Windsor in the year 1686 and have since been setled into Towns and Divided in severalty into particular Lotts and Devi- sions among the first Grantees and their Assynes who are liveing and Im- proving upon them according to such Devissions." To which Wentworth replied that "nothing is lookt upon as private property, but Lands under Actual improvement & Inclosures, so that the grants made in Your Colony THE VICE-ADMIRALTY JURISDICTION 91 significantly, were, according to the plans of the pro- moters, to be procured farther north along the river, in Massachusetts and in the wilderness beyond the northern boundary of that colony. The people living in these upper sections would not be apt to submit tamely while their country was being denuded of its wealth and the benefits were flowing into Connecticut coffers. Not only would the court help crush this opposition but would stand out against the even more dangerous hostility that was almost sure to come from the powerful interests centered at Portsmouth, in the person of Benning Went- worth. Probably no one living in America during the later colonial period occupied a more semi-regal position than did Wentworth down to the date of his retirement from public life. For he was not only the surveyor general of all the king's woods in America, but also governor of New Hampshire. It would be little exaggeration to say that for a generation he held the political and economic destinies of that province in the hollow of his hand. His father, John Wentworth,^ who for years was the acting governor of New Hampshire, under the title of lieutenant governor, was a man of wealth and influence, and it was he who established the Wentworth regime within the province. Benning, before attaining high station in polit- ical life, became exceedingly wealthy through commer- cial activities which frequently carried him to England and to Spain. What New Hampshire had to offer above everything else was lumber, and it appears that he was principally interested in the exportation of this article. In 1734 he entered his father's council, together with his in the Year 1686 cannot defend the trespassers in the Court of Vice Admiralty." Wolcott Papers, pp. 235, 309-310. 1 For facts regarding the history of the Wentworth family see John Wentworth, The Wentworth Genealogy, two vols. 92 JARED INGERSOLL brother-in-law, Theodore Atkinson. In 1741, upon the death of the lieutenant governor, that office was abolished and Benning was commissioned to the governorship. Iii consolidating his power, he pursued his father's policy oi filling up the important provincial offices, as far as pos- sible, with near relatives; his brother-in-law, George Jaffrey, at one time was president of the council, also treasurer and chief justice ; Jotham Odiome, Henry Sher- burne, Ellis Huske, Samuel SoUey, and Thomas Parker, all closely connected with the Wentworth family by birth or marriage, were awarded important public posts. Although by 1760 most of these men had passed away, the lack of their presence and support in political life was made up by their successors in office and by the en- trance into the council in 1768 of Mark Hunking Went- worth, the governor's brother.^ Some idea of the com- manding position of Benning Wentworth in 1760 may be gained by the fact that his home at Little Harbor was a palatial mansion of fifty-two rooms, containing a preten- tious council chamber, with its armory and guards in times of danger. It was here at Little Harbor that much of the provincial business was disposed of; here, also, the councilors and other men of influence were enter- tained in the great billiard room with its inviting buffet.' Now there were two reasons why the Wentworth group that gathered at Little Harbor would be hostile to this Connecticut plan. First of all, it was well known that Benning Wentworth, at that moment, was getting con- trol of the pine and other lands north of Massachusetts, lying on either side of the Connecticut River, and it was natural to expect that if anybody was to secure an ad- 1 John Wentworth, Wentworth Genealogy, I, 287. 2 "Calendar of New Hampshire Papers in English Archives," New Hampshire Hist. Soe. Coll., X, 469, 499. . 8 The Portsmouth (N. H.) Journal, September 5, 1857, has an inter- esting description of this mansion. THE VICE-ADMIRALTY JURISDICTION 93 vantage from tlie exploitation of the timber of that river, the governor would see to it, if possible, that Portsmouth parties should be the beneficiaries. As early as 1750 he had laid claim, in the name of New Hampshire, to the region west of the Connecticut, after having secured a special commission from the crown to grant lands within that province upon a quit-rent basis of one shilling ster- ling per hundred acres ;^ and, in spite of the protests of New York, he was, in 1760, in the midst of a gigantic scheme of granting away to New Hampshire people and others, the Connecticut River lands, after they had been surveyed and laid out in townships six miles square, modestly reserving for himself, as a fee, a block of five hundred select acres in each township." But a far more direct reason for expecting hostility from Portsmouth lay in the fact that in attempting to supply mast contracts, it would be necessary to come into direct competition with the governor's brother, Mark Hunking Wentworth, one of the wealthiest men in New England, whose great commercial interests were centered in the Piscataqua and whose warehouses stood at Ports- mouth, where he resided, in a home only less magnificent than that of his brother.^ For Mark Hunking Went- worth, in 1760, was in control of the American mast trade, drawing his logs from the Piscataqua region and adjacent parts.* There was also a suspicion that Ben- 1 N. Y. Col. Doc, VII, 598. 2 Ihid. It appears that Wentworth granted at least 140 townships lying west of the Connecticut River. Connecticut Journal, March, 2, 1770. For further details regarding these grants, see "The New Hampshire Grants (so called) 1749 to 1791," Doeuments and Records Belating to New Hamp- shire, Vol. X, No. 3. 3 New Hamp. Hist. Soo. Coll., V, 239; John Wentworth, The Went- worth Genealogy; New Hampshire Gazette, September 13, 1765. *New Hamp. Hist. Soc. Coll., V, 239; Sam Willis and M. Talcott to J. Ingersoll, February 24, 1763, Ingersoll Papers. E. Dyer to Jared 94 JAEED INGEESOLL ning Wentworth, on becoming governor in 1741, had not gone out of the lumber business. In fact, it was asserted that in order to obtain the office of surveyor general, which was in the hands of Jeremiah Dunbar, he paid the latter, in 1744, £2000 to get him to relinquish his com- mission, although the office carried with it a stipend of but £200 a year/ As time went on, it became increas- ingly apparent that the surveyor general was not a dis- interested guardian of the king's woods. No one who knew the Wentworths would be disposed for a moment to imagine that these subtle, far-reaching, grasping, and influential colonial magnates would allow, without a struggle, the people of Connecticut to build up an industry that would strike at their own prosperity and that of New Hampshire. For the complete success of this move might well mean, by reason of the lower cost of production, the transfer not only of the mast con- tracts, but also of the lumber trade, from the Piscataqua region to the Connecticut, with the rise of New London into great importance as a shipping center and the con- sequent decline of Portsmouth, unable to meet the de- structive competition of the newer section. To combat the Wentworth and other influences that could be counted on as hostile, a vice-admiralty court, established by the royal authority, presided over by a judge favorable to Connecticut, and employing a fear- less and capable king's advocate, was the ideal weapon for those desiring to draw the masting business to the Connecticut River. Who was the instigator of the plan so eagerly embraced by the Connecticut general assembly? Circumstantial Ingersoll, April 14, 1764. New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 290; C. O. 5: 1276, X 3. 1 For a brief discussion of this point see E. L. Lord, Industrial Experi- ments in the British Colonies of North America, p. 99. THE VICE-ADMIEALTY JURISDICTION 95 evidence of the strongest sort, as will be seen, points to Jared IngersoU. This evidence also leads one to feel that he conceived the plan after leaving America, and after coming in touch with the mast trade situation, in his asso- ciation with British government officials, and those in- terested in the importation of lumber into England. There is evidence, moreover, to show that he had a very definite notion as to the person who should be appointed judge of the court that the assembly asked to have erected. In fact, it may here be confidently suggested that, if every phase of his carefully framed project could have been carried through successfully, there would have arisen in Connecticut a group of interests, under the con- trol of IngersoU, as powerful as those identified with Benning Wentworth of New Hampshire. To work out his plans, he long deferred his departure for home, after turning the business of the agency over to Eichard Jack- son. On June 2, 1760, from his lodgings in North Palace yard, IngersoU addressed a letter to John Pownall, sec- retary to the Board of Trade, in which he pointed out the fact that in eastern New England the pine woods had be- come scarce, and that "with cost and difficulty the mast- ing is got down the river"; but as to the Connecticut Eiver, "trees or sticks for the largest masts may be conveniently brought down the said Eiver from the parts above as has appeared from experiments made and 'tis I believe, generally thought by those who are acquainted with that country that the masting from New England must be obtained by the way of this Eiver, in a very con- siderable measure, at least after some little time longer." Then, turning to the question of the vice-admiralty court, he directed the attention of the board to the fact that it was impossible for the deputy of the surveyor general in Connecticut to hinder "private persons dwelling near 96 JAEED INGERSOLL the river from conveying down the said River much of his Majesty's valuable masting timber and when attempts were made to seize said logs there had been a failure of carrying the matter through for want of a Court of Vice Admiralty and of the proper officers belonging to such a court. ' ' He thereupon urged the appointment of a judge of vice-admiralty, a king's advocate, and the other neces- sary officers for constituting a Connecticut court, sup- porting this by the letter from Governor Fitch in which the desire of the general assembly was set forth.^ The letter was read to the board at its meeting, Friday, June 13, and was then laid aside until there could be a report from the attorney general and solicitor general relative to the preservation of his majesty's woods in North America.^ For over a year IngersoU exerted himself, but without success, to bring the Board of Trade to the point of making a representation in favor of a vice-, admiralty court for Connecticut ; he was also busy with other plans, and, before the spring of 1761, had suc- ceeded in persuading the Navy Board to give him a con- tract for a shipload of masts to be procured by way of the Connecticut River,' to try, as he later wrote the board, "whether the Navy may not be supplied with that article from that part to better advantage than at pres- iC. O. 5: 1275, W 43. 2 C. O. 5: 1275, W 43. See also Board of Trade Journals, vol. LXVIII, entry for June 18, 1760. 3 Among the Connecticut Papers in the Bancroft Transcripts (New York Public Library) is an item which reads as follows: "Tuesday, July 30, 1760. In Captain Blake arrived as passengers at Boston. Jared Inger- soU of Connecticut." If no mistake has been made in the date it would appear that IngersoU made a trip to America after withdrawing from the agency and after petitioning the Board of Trade to establish a vice- admiralty court for Connecticut. The trip must have been undertaken for the purpose of making plans for the mast contract. The date of this con- tract was December 19, 1760. The Navy Board to Jared IngersoU, Janu- ary 26, 1762, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 256-257. Calendar Home Office Papers, 1760-1765, §180, THE VICE-ADMIRALTY JUEISDICTION 97 ent from the several places there ; ' " — a statement clearly- disclosing the great scope of his plans. With this initial advantage gained, he now, once more, attempted to move the Board of Trade to action regarding the vice-admir- alty court ; this time, by getting the commissioners of the navy interested in the plan. March 27, 1761, he ad- dressed a letter to them reminding them that he had agreed to get a load of masts by way of the Connecticut, and emphasizing the fact that it was very important to have established a vice-admiralty court for the purpose of carrying into execution the contract, offering the same reasons that he had to the Board of Trade, and closing with the argument that "transgressors are with diffi- culty convicted by trials at common law." He then tact- fully suggested that since they were about to write to the lords commissioners of the admiralty for obtaining permission to cut the timber required to fulfill the con- tract, they would also suggest at the same time the establishment of a Connecticut vice-admiralty court.^ This the Navy Board proceeded to do, at the same time forwarding not only IngersoU's letters but also copies of letters that IngersoU shrewdly had obtained, which Benning Wentworth had written to the governor of Con- necticut in 1753 and in 1755, urging the necessity of effec- tive admiralty jurisdiction within that colony. The Lords of the Admiralty received the suggestion with such favor that they instructed their secretary, John Cleve- land, to lay the matter before the Board of Trade, with the suggestion that if the plan met with its approval, fit persons should be recommended to act as judge and register. The project seemed on the point of consumma- tion; but IngersoU's hopes were dashed for the second 1 Jared IngersoU to the Navy Board, March 27, 1761, C. O. 5: 1276, X 3. 2 Jhid. 98 JAEED INGEESOLL time. Some unknown opposition at the Board of Trade seems to have nullified his efforts.^ The unwillingness of the Board of Trade to seize this opportunity to aid in vitalizing the royal authority within Connecticut, at this time, is enough to excite attention. From the days of its establishment in 1696, with remark- able consistency the board had upheld a policy in favor of subjecting the colonies to much greater direct control on the part of the home government; it had desired the placing of a crown attorney general within each colony ; for years it had sought the recall of the charters and the destruction of the proprietary control in America ; when that had failed, it had attempted to compel Connecticut, Ehode Island, and Maryland to submit their laws to Eng- land for ratification as was the practice of the other colo- nies. But it did not seem at all disposed to .encourage Connecticut's application. Ultunately the board was to commit itself to the reorganization of the vice-admiralty Jurisdiction in the colonies; yet it was not IngersoU's plan that was to meet with favor but, significantly, the 1 On May 26, 1761, Pownall addressed a letter to Cleveland setting forth the position of the board, from which the following is quoted: "It appears, from the Papers enclosed in your Letter, that the Court of Vice- Admiralty of New York does still comprehend within its jurisdiction the Colony of Connecticut, and therefore the Lords Commissioners for Trade and Plantations conceive that the Propriety, or Impropriety, of any New Establishineut must depend upon such Information, as the Lords Commis- sioners of the Admiralty shall have received of the sufficiency or Insuffi- ciency of that Jurisdiction as it stands at present, concerning which no Complaint has been made to this Board. Their Lordships therefore under these circumstances cannot take upon them to give any Opinion as to the Expediency or Inexpediency of any new Regulations with respect to the Admiralty Jurisdiction in the Colony of Connecticut; nor are they suffi- ciently acquainted with the Names and Characters of Persons proper to be Officers of a separate Admiralty Court for that Colony, in case it should be thought advisable to establish such a Court. " C. O. 5 : 1296. This com- munication will be printed in full in the forthcoming Volume II of the Fitch Papers. 2 A. P. C. Col, 1688-1720, §639. THE VICE-ADMIRALTY JURISDICTION 99 one urged as a substitute by Benning Wentworth, who suddenly was awakened to the conviction that, after all, it would be poor policy on the part of the English gov- ernment to establish an independent vice-admiralty court for Connecticut. Probably realizing how futile it would be longer to delay his departure from England in the hope of pro- curing action regarding the court, and being under the necessity, moreover, of applying himself to the task of ful- filling his contract, Jared IngersoU sailed to America in the Ccdcide, about the middle of 1761.^ It may be said with a good deal of certainty that he never again was so popular with the people of Connecticut as at the time of his home coming. To show its appreciation of his efforts in behalf of the colony, the general assembly appointed a committee of its leading men to wait personally upon him and to congratulate him on his safe arrival, at the same time thanking him "for the good services he hath done for this Colony, during his agency at the Court of Great Britain.'" In fact, no one, in 1761, was consid- ered to be a firmer friend of Connecticut interests than Jared IngersoU. By November IngersoU was prepared to take active steps regarding the procuring of the white pine sticks. On the fourteenth he dispatched Captain Willis to the surveyor general at Portsmouth, bearing a copy of the mast contract and a letter requesting Wentworth to ap- point some proper person to designate the trees to be 1 It seems that IngersoU was interested in horse breeding, and upon his return to America brought with him an English stallion. His friend, Thomas Bridges of Headley, England, wrote him in 1762 that he was glad to hear of the welfare of his "Gray Horse." "I hope his Colts will turn out to your satisfaction & the gentlemen of the Country, & that he will mend your Breed." Thos. Bridges to J. IngersoU, September 30, 1762, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 279. 2 Conn. Archives, War, X, 40. 100 JAEED INGERSOLL appropriated. Willis was also authorized to acquaint Wentworth "more particularly when & where it will be needful to have the Service performed. ' " A month later he was able to inform the surveyor general that he had agreed with Willis and Matthew Talcott, both of Middle- town, Connecticut, to procure the stipulated "stores" which would be secured along the Connecticut "from Deerfield & the Cowhees^ Inclusive"; at the same time he asked for the customary licenses.' Everything ap- peared to move smoothly. That he was strongly en- trenched at this time with the Navy Board, is vouched for by the receipt of a request in January, 1762, from that body that he should inform it as to the possibilities of an early delivery of the masts, in order that a time might be fixed upon "for coming to a new contract for supply of American Masts,"* in reply to which he stated his hopes of having the timber delivered at Portsmouth by the following Christmas." However, Willis and Talcott, who by this time were up the river in Massachusetts with their loggers, were en- countering difficulties and unusual expense.* There 1 Jared Ingersoll to Benning Wentworth, November 14, 1761, New Haven Col. Hist. Soe. Papers, IX ("Jared Ingersoll Papers"), 255. 2 ' ' The country in the neighborhood of Lunenburgh and Newburg, and on the side of the river opposite the latter place was called by the Indians 'Coos' which word, in the Abenaqui language, is said to signify 'The Pines.' " B. H. HaU, History of Eastern Vermont, p. 585. s Jared Ingersoll to Benning Wentworth, December 18, 1761, New Haven Col. Hist. Soc. Papers, IX ("Jared Ingersoll Papers"), 256. * The Navy Office to Jared IngersoU, January 26, 1762, ibid., IX, 256- 257. 6 Jared Ingersoll to G. Cockbume, Comptroller of His Majesty's Navy, May 13, 1762, Hid., IX, 258. 8 That they, however, hoped for another contract is attested by their letter. "We think it may not be amiss to inform the Gent™ Commissioners that if the thing proves practicable that we may have the preference for a future contract this way in order to make up for difaculties of the first venture." Samuel Willis to Jared Ingersoll, July 2, 1762, Ingersoll Papers. THE VICE-ADMIRALTY JUEISDICTION 101 apparently was quite a searcli for suitable trees. After these had been selected, it was necessary to "blaze" the way to thena from the river by cutting down the obstruct- ing trees. The contract called for eighty sticks suitable for masts ; but to provide for contingencies, eighty-nine of the white pine giants were felled, some, unfortunately, breaking in the fall; eighty-four of those that were down appeared sound. After this work and the blazing had been finished, it was found that besides the big trees, sixty-three smaller ones, together with a number of de- fective trees, were down.^ Then came the task of "balk- ing" the trees to the river, which had to be done at that period by the use of numbers of oxen.^ The men suc- ceeded in getting one hundred and forty-seven of the pines to the water's edge. One suitable tree, alone, was left lying in the wilderness; this was on account of the opposition shown from the beginning by the people of the neighborhood, which reached such heights toward the end that, according to Willis and Talcott, Captain Zede- kiah Stone of Petersham went to their camping ground in their absence and carried away their hay, which necessi- tated giving up the plan to "balk" the remaining tree.^ The log drive that thereupon ensued down the Con- necticut River was not very successful by reason of the low state of the water. Twenty-one of the trees, among them one of the finest of the masts, got lodged on a rapid and had to be left there for the high spring 1 Samuel Willis and Matthew Talcott to Jared Ingersoll, April 9, 1764, New Haven Col. Hist. See. Papers, IX ("Jared Ingersoll Papers"), 266- 268. 2 Weeden gives a very clear idea as to the methods used in handling these logs. W. B. Weeden, Economic and Social History of New England, II, 765, 783-785, 833. 3 Samuel Willis and Matthew Talcott to Jared Ingersoll, April 9, 1764, New Haven Col. Hist. Soc. Papers, IX ("Jared Ingersoll Papers"), 266- 268. 102 JAEED INGERSOLL waters.^ Another magnificent thirty-seven-inch stick was broken in the drive. Less than the contract mimber of logs reached the lower river, with the result that drivers had to go up the river in low water to get down the necessary number. By January, 1763, a shipment might have been made, although a good many trees were still held up the river. It is not apparent that IngersoU ever ventured, him- self, into the logging country. He, however, wrote the commissioners of the navy, in October, 1762, that the work was progressing hopefully and that it was receiv- ing his closest attention "from views not only of dis- charging my present Obligations but also of future bene- fits as well to the public as to myself.'" The following January he informed them that the logs were down and that he had sent for an experienced lumber liner to give expert judgment and proof regarding them.^ Up to 1763 the Wentworth group made no outward attack, although they seem soon to have come to a com- plete comprehension of the scope of IngersoU 's plans, and, in alarm, to have sent John, the talented son of Mark Hunking Wentworth, who was associated with his father in his commercial enterprises, to England, as early as 1762, for the protection of the family interests.* Each side was playing a deep game for great stakes, and every move was a studied one. IngersoU would win the mast trade by getting his white pine sticks more cheaply and quickly than the same could be procured along the New Hampshire and Maine rivers. Moreover, to protect his 1 Jared IngersoU to the Commissioners of the Navy, June 8, 1763, ibid., IX, 261-262. 2 Jared IngersoU to the Commissioners of the Navy, October 12, 1762, ihid., IX, 259. 3 Jared IngersoU to the Commissioners of the Navy, June 8, 1763, ibid., IX, 261-262. * John Wentworth, The Wentworth Genealogy, I, 538. THE VICE-ADMIRALTY JURISDICTION 103 enterprise, he had now conceived of the idea — since his original plan for a district Connecticut court of vice- admiralty had come to naught — of securing something almost as desirable : an appointment as deputy judge of vice-admiralty for the colony of Connecticut. It hap- pened that Judge Lewis Morris died, July 3, 1762; his son, Richard, thereupon fell heir, as it were, to his post. In fulfillment of this new plan, IngersoU not only wrote to Richard Morris regarding his desires, but even to his college friend, William Livingston, also of New York, asking him to use his influence in furtherance of this end. When Livingston waited upon Morris, the latter declared that he was not in a position to make any answer to the proposal, owing to the fact that he had only up to that time received an appointment as judge of admiralty for New York. However, the latter part of December the judge wrote to IngersoU, stating that he had received notice that his warrant for a commission as judge of admiralty "for the three provinces" had been made out, and that when he came into Connecticut to publish his commission he would "be proud" to appoint IngersoU his deputy.^ Clearly Jared IngersoU 's fortunes were mounting. To crush him, the Wentworths felt them- selves under the necessity of raising up such a storm of disapproval against his enterprise and his ambitious plans as would condemn it in the eyes of the home gov- ernment. This they now proceeded to do. Late in January, 1763, Willis and Talcott wrote from Middletown, Connecticut, where most of the logs were being held, saying that a Colonel Symes, who claimed to be a deputy under the surveyor general, had come to 1 Richard Morris to Jared IngersoU, December 23, 1762, New Haven Col. Hist. See. Tapers, IX ("Jared IngersoU Papers"), 275. Judge Lewis Morris had a Connecticut deputy judge, one Nathaniel, Fitch Papers, I, 45. 104 JAEED INGERSOLL inspect the logs, saying that he had been informed that they had been destroying timber. They declared that upon conversation with Symes they found out that his coming "was wholy by Mr. Mark Wentworth's Motion." Symes, they also informed IngersoU, proceeded to meas- ure some of the smallest sticks and they suspected from the proceedings "that his coming was to furnish Mr. Mark Wentworth with a pretense to Inform the Commis- sioners that they had not or would not get Timber to answer the purpose.'" A month later they wrote Inger- soU again, in haste, informing him that Colonel Symes had received orders to seize all of their logs under con- tract length; they were persuaded, they informed him, that this proceeding was ' * owing to Mark Wentworth on purpose to embarrass and bind us.'" IngersoU imme- diately took alarm. The day after getting the report, he addressed a letter to the Navy Boai^d, informing them of this new development. He insisted that the only sticks sent down the river under contract size were those that had to be felled to blaze a way to the large timber; he presumed, however, that Wentworth would communicate with them regarding the matter and he desired to present it in its true light.^ That he realized the seriousness of the situation is shown by a second letter, addressed to the commissioners that same day, in which he declared that "if things succeed according to Expectation tis not unlikely I may think of going over to England myself with the Masts. ' '* He also immediately set out to Hart- 1 Samuel Willis and Matthew Talcott to Jared IngersoU, January 28, 1763, IngersoU Papers. 2 Samuel Willis and Matthew Talcott to Jared IngersoU, February 24, 1763, IngersoU Papers. 3 Jared IngersoU to the Commissioners of the Navy, March 1, 1763, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 259- 260. * lUd., IX, 260. THE VICE-ADMIRALTY JURISDICTION 105 ford, where lie was able to get in toucli with Governor Fitch, and from that place wrote to Colonel Symes, ex- pressing his surprise at the surveyor general's order, and protesting that the extra number of logs was only designed to cover losses of sending them down the river.^ Wentworth now waited until early in July, when he addressed a letter to Governor Fitch, complaining of the "uncommon waste made in the King's woods in the hinter part," stating that, notwithstanding the vigilance of his officers, this timber so wasted had been transported into Connecticut ; he then declared, "I must apply to you for your Protection and Countenance to my officers in proceeding against the offenders in case they may be found," and ended by demanding a proclamation to the civil and military officers to aid him in the preservation of the king's woods.^ Fitch coolly proceeded to send a copy of this letter to IngersoU and needlessly warned him that he had reason to believe that Wentworth had his timber in mind and, thereupon, suggested that "it may be expedient, for political ends at least, (if his case be as I guess) for me to grant his request. I acquaint you with the thing in order for your advice with Respect to the Care and Caution it may be proper to be used in drawing the Proclamation."^ It seems to have been Wentworth 's desire to let the clamor against IngersoU, which he had raised and was feeding gradually, take effect in London before proceed- ing further. However, the latter part of October he was again ready to attack. On the eighteenth, he addressed a communication to the Board of Trade in which he advo- iJared IngersoU to Colonel Symes, March 9, 1763, New Haven Col. Hist. Soc. Papers, IX (" Jared IngersoU Papers"), 260-261. 2 Benning Wentworth to Governor Fitch, July 1, 1763, IngersoU Papers. 3 Thomas Fitch to Jared IngersoU, August 1, 1763, IngersoU Papers. 106 JARED INGERSOLL cated the appointment of a judge of vice-admiralty whose authority should extend over all the colonies in matters relating to the woods set apart for his majesty's use/ He, of course, was not only aware of IngersoU's efforts to secure the establishment of a court of vice-admiralty for Connecticut, but, it would appear, was acquainted with the attempts that the latter had been making to have himself appointed deputy judge of vice-admiralty for Connecticut. By securing the creation of a court pos- sessing superior jurisdiction with reference to the king's woods. Governor Wentworth must have realized that he and his brother could, with the aid of a friendly superior judge, keep control of the New England timber situation, even with Ingersoll presiding over an admiralty court in Connecticut. What is more, Wentworth probably acquainted Judge Eichard Morris with the fact that Ingersoll had been exerting himself to detach Connecticut from the New York admiralty district. This, at least, is by far the most plausible explanation for the reason why Judge Morris apparently failed to make Ingersoll, who desired to sup- plant him in Connecticut, his deputy, after he had written to him that he would be proud to do so ; that Judge Mor- ris, by 1764, had joined hands with the Wentworths against Ingersoll can hardly be questioned, in light of the fact that in April of that year Gideon Lyman, of North- ampton, Hampshire County, Massachusetts, appeared before him and signed a deposition directed against Ingersoll in which he asserted that although the mast contract had called for only eighty sticks, IngersoU's men had cut down one hundred and sixty, ' ' to the great waste of the King's woods." Lyman then very signifi- cantly went on to say that for this reason, in spite of his iC. O. 391:70, pp. 361-362; Board of Trade Journals, vol. LXXI (1763). Entry for Tuesday, December 13, 1763. THE VICE-ADMIRALTY JURISDICTION 107 high opinion of Mr. IngersoU's character, he conceived him to be "an Improper person to set as the Judge of the Vice Admiralty Court in the Colony of Connecticut con- cerning or relating to any pine Logs or Masts that may be seized or Libelled in the said colony as forfeited for the use of his Majesty for having been cut without License therefor being first obtained.'" Lyman, it may be added, was one of Wentworth's deputies. The deposi- tion of course was designed to be used against IngersoU by the representatives of the Wentworth interests who were in England. IngersoU, meanwhile, was getting very impatient over the unaccountable delay there had been in sending a suit- able ship from England for transporting the masts. Early in February, 1764, he wrote to the commissioners of the navy, voicing his disappointment, while giving his opinion that the masts could hardly be delivered before midsummer. He, however, emphasized the fact that he had spared neither pains nor expense to fulfill properly his contract, and he therefore asked that the board would not take any steps which might prejudice his affairs or disappoint his future hopes until his arrival; he was planning, he further declared, to bring to England with him, Captain Willis, experienced in the mast business, who could give information as to the practicability of securing in the future masts from the Connecticut, and he trusted that the board would receive ' ' better information 1 "Affidavit of Gideon Lyman. April 2. 1764," New Haven Col. Hist. Soe. Papers, IX ("Jared IngersoU Papers"), 264-265. How this came into the hands of IngersoU is a mystery; it is, however, to be found among his papers. As late as January 1, 1768, Willis is found writing to IngersoU from Middletown, Connecticut, that he is at a loss to know how to dispose of what • ' Sticks we have at New London & hear. ' ' Samuel Willis to Jared Inger- soU, IngersoU Papers. 108 JAEED INGERSOLL from him in these matters than from any Vague Accounts which they may have from others, whose knowledge may perhaps be justly Suspected and as it may happen, their motives too."^ That IngersoU's fears as to the type of war being waged against his enterprise were by no means un- founded, is shown by a letter which some months later he received from his friend, Eliphalet Dyer," who wrote from London the middle of April. Dyer had gone to Eng- land from Connecticut in a mast ship, and he said that while on board he had gained ' ' Considerable Intelligence of what might be Expected to hinder Success in your Scheme & plan about the Mast affair, ..." He went on to inform IngersoU that he had disclosed this infor- mation to Eichard Jackson, the Connecticut agent, and continued, "was in hopes you would not have waited for the arrival of your Mast Ship before you had set out for England, if you had a design still to prosecute that affair, for I have the greatest reason to believe that M^ Hennika & others in Contract with Mr Wentworth are Determined to break all your measures & frustrate your designs as they have allready Indeavourd .to propagate an Opinion that the Masts you have got & prepared to send here are good for Nothing for that purpose, & will not half pay the freight, and doubt not that they will Indeavour to procure the Inspecters here, who are much under their influence, even to say the same when they arrive, let them 1 Jared Ingersoll to the Commissioners of the Navy, February 7, 1764, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 263- 264. 2 Eliphalet Dyer of Windham, Connecticut, was a graduate of Yale College of the class of 1740; for seventeen years he was a member of the general assembly; he participated in the French and Indian War and in 1763 was sent to England as the agent of the Susquehanna Company. He was a delegate to the Stamp Act Congress and also to the Continental Congress and for a time was chief justice of the superior court. THE VICE-ADMIEALTY JURISDICTION 109 be ever so good; this I mention that you may be suffi- ciently guarded against all these Vile Attempts etc."^ Why the English government took over two years to send a mast ship to New London, especially since the Navy Board sought an early delivery, can probably only be conjectured.^ At last, in the fall of 1764, the ship, Prince Henry, arrived, and by the latter part of October the timber was loaded, and IngersoU and Willis were able to begin the slow voyage across the ocean, which consumed over two months.^ By the time, however, that IngersoU arrived in Lon- don, the Wentworth group seems to have gotten in firm control again of the ship mast situation.* John Went- worth, in fact, so ingratiated himself with the ministry, that in 1766, while still in England, he was appointed not only to the governorship of New Hampshire in place of his uncle Benning, who was becoming infirm and desirous 1 Eliphalet Dyer to Jared IngersoU, April 14, 1764, New Saven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 288-290. John Henniker, mentioned above, was a member of parliament and also a sub-contractor for the royal masts. For further facts see ibid., IX, 290, note. 2 On November 3, 1763, Dyer had written to IngersoU informing him that a mast ship would sail for Connecticut the following January. "I should much rejoice to see you here which shall Expect in that ship if not before." Hid., IX, 287-288. 8 New London Gazette, February 26, 1764. IngersoU arrived early in December. IngersoU Stamp Act Correspondence, p. 3. * Yet it is to be noted that up to the summer of 1763 IngersoU had the powerful support of the comptroller of the Navy Board, George Coekburne, as the foHowiQg communication indicates: "It gives me pleasure to hear of Mr IngersoU. I did every thing in my power to assist that Gentleman when he was here, and shall on all occasions continue to do the same, as I am in great hopes by His means the Government wUl, not only in what He has contracted for but in future, be furnished with Masts on better terms than heretofore." G. Coekburne to an unknown party, August 19, 1763, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 262- 263. 110 JARED INGERSOLL of retiring from public life, but also to the latter 's post of surveyor general of his majesty's woods in America.^ In line also with the desires of the Wentworth family was the estabhshment, in 1764, by the royal authority, of a vice-admiralty court for all America, sitting at Hali- fax, with a concurrent jurisdiction in all matters with each and every other admiralty court that had been or might be set up in America.^ IngersoU, probably realizing that he had been hope- lessly outreached in this struggle for power and wealth and the control of the American mast trade, turned his attention to other issues soon after his arrival. Con- necticut, therefore, was compelled to forego the pleasures of a vice-admiralty court and an export staple, and also was forced to wait patiently for the coming of pros- perity. Ultimately, the Connecticut River became, as IngersoU had predicted, the masting center of the New England white pine belt.' But this did not occur until after the collapse of the Wentworth interests at the out- break of the Revolutionary War.* 1 John Wentworth, The Wentworth Genealogy, 1, 538. 2 4 George III, c. 15, sec. 41. 3 W. B. Weeden, Social and Economic History of New England, 16S0- 1789, II, 833. * Even during the early days of the Eevolution, the British mast ships kept coming to Portsmouth. N. H. Prov. Papers, VII, 361 ; W. B. Weeden, Social and Economic History of New England, 16S0-1789, II, 784. It is of interest to note that in the spring of 1769 Wentworth, in his capacity of surveyor general, wrote to IngersoU, after the latter had re- ceived his commission as judge of vice-admiralty for the Middle Colonies, beseeching him to take action against certain trespassers against the king's woods living about Windsor, Connecticut, who were making depredations "in open, repeated and publicly asserted defiance and contempt of Law." IngersoU referred the matter to Judge Morris as belonging to his jurisdic- tion. John Wentworth to Jared IngersoU, February 3 and April 10, 1769. IngersoU Papers. CHAPTER V THE PASSING OF THE STAMP ACT The successful conclusion of the Seven Years' War, in 1763, brought to the British ministry the necessity of organizing for administration and defense the newly acquired territory of the empire. That such organiza- tion was highly important, especially at this time, seemed patent to thoughtful and well-informed Englishmen, who were keenly aware of "how refractory was the conduct of the Colonies in the matter of trade and defense during the French and Indian War.'" While the prestige of England had been greatly in- creased as a result of the war, she was "reeling under a national debt of nearly 140 millions." At the instiga- tion of Charles Townshend, president of the Board of Trade, the Bute ministry had come to the conclusion that no greater immediate service could be rendered to the empire than the development of additional sources of revenjie. One important way of doing this appeared to be through the strict enforcement of the trade and navi- gation acts; for the ministry was convinced that a vast volume of trade was being carried on by Americans who 1 This has been carefully worked out by G. L. Beer, in his volume, British Colonial Policy, 1754-1766; see also, B. J. McCormac, Opposition to Imperial Authority, Univ. of Calif. Pub. The expression British "Empire" was not infrequently employed by Englishmen of that period. Richard Jackson, the Connecticut agent in England, in a communication dated November 15, 1765, says, "However, the Colonies have friends, I shd say, the British Empire has friends ..." Fitch Papers. 112 JAEED INGERSOLL were evading the customs.^ Now that the colonies were prosperous, it did not seem fair that they should be allowed to escape their just share of responsibility in financing the imperial administration in time of peace as well as in war — ^more particularly in light of the fact that no small part of the peace footing expense would go to maintain garrisons along the western American fron- tier to guard against any repetition of the disasters that had befallen outlying communities, due to the inability and neglect of the colonial legislatures to provide ade- quate protection.! Bute, however, did not remain in office long enough to accomplish anything in this direction, for in April, 1763, the ministry was reconstructed Avith George Gren- ville at the head of affairs. Grenville, a hard-working, conscientious, and loquacious little man, had been in the former administration, and approved heartily of the Townshend program. This he immediately set to work to carry out. His first task was to tighten up the vice- admiralty courts and the colonial customs service for a rigid execution of the navigation and trade acts.^ In this connection he began the effective enforcement of the Molasses Act of 1733, which, at least as far as Connecti- cut and Ehode Island were concerned, had been rather a dead letter, in spite of the fact that ' ' of all the Northern Provinces their industries were most dependent upon intercourse with the French sugar Islands."^ The news 1 See Thomas Whately, Considerations on the Trade and Fimanee of the Kingdom and on the Measures of Administration (London, 1766) ; C. M. Andrews, "Colonial Commerce," in Am. Mist. Rev., XX, 61-62; Frank W. Pitman, The Development of the British West Indies, 1700-1763, especially the chapter on illicit trading. 2 By 4 George III, c. 15, sec. 11, the Admiralty Court for all America was .provided ; for other steps see Grrenville Papers, II, 114. sin "An Account of all the duties collected under the Molasses Act in each of the Northern Colonies from 1733 to 1750," nothing is credited to either Connecticut or Rhode Island, except £99 collected in Connecticut for THE PASSING OF THE STAMP ACT 113 of this determination of the ministry threw the Con- necticut importers into a panic. But the impetus to action came from the Merchants' Society at Boston, which had been established in 1763 for the express pur- pose of preventing the renewal of the Molasses Act.^ The society drew up a "state of the Trade" showing the conditions of commerce in New England, and early in 1764 transmitted copies of this to the Massachusetts London agent and to the leading merchants of the neigh- boring colonies.'' As a result, "Gurdon Saltonstall, Esq. & other merchants and traders" in Connecticut called upon Jared IngersoU to draw up a memorial to the gen- eral assembly in which it was pointed out that "his Majesty had been pleased, of late, to enforce the execu- tion of the Sugar Act, so called, in these parts of his Dominion, by which it is generally supposed, by persons acquainted with the trade of the Northern Colonies will very much Distress the Inhabitants of said Northern Colonies, & that without Serving the essential Interests of the mother country; and, as the said Sugar Act ex- pires about this time, and will probably be again revived, unless prevented by seasonable remonstrances, it was desired that the Connecticut Government should join with other colonies in remonstrating against it, and that the Assembly should appoint some persons in behalf of this colony to collect and transmit to the agent in London material Documents and Information relative to the mat- prizes. C. O. 5: 38, Appendix No. 5; F. W. Pitman, The Development of the British West Indies, pp. 275, 288, 289-290, 325, 326. 1 The official name of the organization was, ' ' The Society for encouraging Trade and Commerce within the Province of Massachusetts Bay." 2 For a discussion of this, consult C. M. Andrews, ' ' The Boston Mer- chants and the Non-Importation Movement," pp. 165-168, of the Publica- tions of The Colonial Society of Massachusetts, vol. XIX. A copy of this memorial as well as the letter of the Boston merchants of January 9, 1764, addressed to the New London merchants can be found in the forthcoming Volume II of the Fitch Papers. 114 JAEED INGERSOLL ter, or in some way exercise the paternal care in the matter. ' " However, in March, 1764, before any effective opposi- tion could be raised against it, the famous Sugar Act was passed, providing, as is well known, for substantial duties upon various articles of common consumption, while lowering to a revenue level the duty on foreign raised molasses.^ A system of bonding shipmasters and the issuing of cargo certificates was also added, to put an end to lawless trafficking. The opposition that this measure aroused in Connecti- cut was reflected by an item in the Connecticut Gazette, published at New Haven, which spread the intelligence that the local people had taken practical steps to defeat the revenue plans of the British government by putting themselves to making their own grape and currant wines and "also enough for the Gentlemen of the College," who, as a lofty rebuke to those disturbers of the old 1 Jared IngersoU's memorial to the General Assembly, January 20, 1764, Conn. Archives, War, I, 3, a and b. In order to influence public sentiment in England as well as to develop opposition against the designs of the ministry in the colony, there was drawn up and published in New London in January, 1764, a pamphlet entitled, ' ' Eemarks on the Trade of the Colony. ' ' It was therein asserted that the result of changes to be brought about in the sugar trade would be the ruin of the West India trade, unless the English planters there could so improve their molasses and sugar as to make up the deficiency. It was claimed that it was notorious that these products were sold "to the Conti- nentals at 100 per cent Increase, ' ' and that while the ' ' Northern Colonies ' ' have no members in parliament the sugar islands have fifty-six. "Does this arise from the Poverty or the affluence of the West Indian planters?" This document is also to appear in Volume II of the Fitch Papers. 2 4 George III, c. 15. Previous to this seven parliamentary acts, begin- ning with 25 Car. II, c. 7, sec. 2, had provided for import duties. Besides this latter, there was 6 Anne, c. 37; 9 Anne, c. 27; 6 George II, e. 13; 29 George II, c. 26 ; 31 George II, c. 36 ; and 1 George III, c. 9. In addi- tion, 7 and 8 Will. HI, c. 21; 8 and 9 Will. Ill, c. 23; and 10 Anne, c. 17, had laid Greenwich hospital taxes on all colonial seamen. See Brit. Mus. Addit. MS. 35,910, fo. 308. THE PASSING OF THE STAMP ACT 115 colonial regime, had determined "to confine themselves to liquors of our owa. produce."^ Jared IngersoU's attitude toward the Sugar Act is expressed in an important letter that he wrote July 6, 1764, to his old friend, Thomas Whately, in reply to a communication from the latter, then one of the joint secretaries to the Treasury under Grenville.^ "I think Parliament," he declared, "have overshot their mark & you will not, in the Event, have your Expectations in any measure answered from the provisions of the late Act ... I am of opinion that the Foreign Molasses will hear a Duty of One penny half -penny at most,' the raw or brown Sugar 2/6 & the Clayed 5/ pr Ct.'" IngersoU then assured Whately that the trade to the French and Dutch West Indies was decaying very rapidly and that there was not a single voyage undertaken to these parts "with the most Distant intention to pay the Dutys." Indeed, as to the practice of smuggling, it could not easily be prevented; "a Seizure will be made of perhaps one Vessell in a Hundred"; in fact, to attempt to put an end to it under present conditions would be like "burning a Barn to roast an Egg."° If, however, the duty were 1 Connecticut Gazette, July 19, 1765. 2 Jared IngersoU to Thomas Whately, July 6, 1764, IngersoU Stamp Act Correspondence (1766), p. 3. This eorrespondence was printed in pamphlet form in 1766, after the Stamp Act crisis had passed. Charles Jenkinson was the other secretary. Jenkuison seems to have been more of a political whip than a financier. 3 ' ' The Boston men said that the business could not be carried on if the duty on Molasses were more than one penny per gallon." Channing, History of the United States, III, 41. It was lowered to this level in 17Q6. * The duties placed by the act were, for molasses, three pence per gallon, and for clayed sugar, one pound two shillings per cwt. Professor Channing holds a different opinion. Speaking of Grenville 's policy, he says: "He also caused deputations to be issued to the com- manders of some of the smaller ships on the American Station, giving them authority to seize vessels carrying on illicit trade. They certainly did effective work in putting an end to evasions of the laws." History of the United States, III, 39. 116 JARED INGERSOLL lowered to the level just suggested, he was of the opinion that the merchants would pay it without the use of men- of-war; "you may think me mad for saying it, but I do say, that tis my opinion the Parliament of the two had better have given a Premium than to have imposed the Duty they have laid upon that branch of trade. ' ' The revenue prospects of the Sugar Act, however, by no means satisfied the ministry. Other avenues for drawing on the financial resources of the people in the colonies must be opened up.^ One very obvious way was to extend to America the system, successfully applied in England, of levying stamp dutiesj In 1722 Archibald Cumins made this suggestion'' and Sir William Keith put forward the idea in 1743.' Both in 1754 and in 1757, the Treasury Board under Newcastle had thought to utilize it in solving the problem of financing the colonial administration; in 1754 there was prepared "An Act for Granting to His Majesty Sev'i Duties upon Vellum Parchment and Paper for two years towards Defraying the Charges of the Government of Massachusetts Bay,"* which provided for seventeen groups of articles that would bear stamps, and in 1757, "An Act for Erecting and Establishing a Stamp Office in New York," with fourteen groups of dutiable articles." Soon after enter- 1 See Whately's undated letter to Ingersoll, printed in the Ingersoll Stamp Act Correspondence. 2 See Edward Channing, History of the United States, III, 48 and foot- notes. .8 Brit. Mus. Addit. MS. 33,028, fo. 376 (Newcastle Papers). "En- dorsed S' W™ Keith's Proposal / for laying a Duty on / Stampt Papers in / America / Deer 17, 1742." 4 Brit. Mus. Addit. MS. 35,910, fos. 160-163. ^ Ibid., 35,910, fos. 165-166. A much more interesting proposal which appears to be of this earlier group, the date of which, however, is unknown, has the following title, "A List of Stamp Duties intended to be used throughout all the Colonies upon the Continent of America or in any Island belonging thereto, And in the Islands of Bermuda and the Bahama Islands, THE PASSING OF THE STAMP ACT 117 ing upon his new office, Grenville's attention had been called to its possibilities by Henry McCuUoh who, on July 5, 1763, addressed a letter to Secretary Jenkinson of the Treasury, suggesting that "A stamp duty on vellum and paper in America, at six pence, twelve pence, and eighteen pence per sheet, would, at a moderate com- putation, amount to upwards of sixty thousand sterling per annum, or, if extended to the West Indies, would produce double that sum.'" McCuUoh's advice, it is not unlikely, carried some weight, for in 1739 he had gone to America as a "Commissioner for Supervising, Inspect- ing and Controlling His Majesty's Revenue and Grants of Lands," and his continued interest in the revenue possibilities of the colonies was shown in a statement that he drew up and incorporated in his letter to Jenkinson, regarding "such taxes as are usually raised in His Maj- esty's old settled colonies on the continent of America, viz : North and South Carolina, Virginia and Pennsyl- vania. ' '" However, in considering the extension of stamp duties to America, it is a matter of surprise, not that the at- tempt was made at this time, but rather that it was not earlier considered as a legitimate source of revenue, espe- cially during the periods of great financial pressure when England was at war, largely to save her colonies from as, also, in all the British Islands or Plantations in that part of America, commonly called the West Indies." The one who prepared this planned to have five schedules, which were to be as follows: American duties, West India duties, Jamaica duties. New York duties, and Massachusetts Bay ■duties. Ibid., 35,910, fos. 167-203. Bichard Jackson, in a letter to Governor Pitch, written November 15, 1765, said, in referring to the Stamp Act, " Unfortunately the late Tax was a measure proposed long before the existence of that Ministry who afterward proposed it and carried it through the Legislature. ' ' Fitch Papers. 1 Grenville Papers, II, 374. 2 Ibid. 118 JARED INGERSOLL destruction. Ever since 1694, when, under William and Mary, the first stamp act was passed, stamp duties had been a very fruitful and not unpopular source of revenue in England.' In 1760 £290,000 had been raised through this means and this was increased in 1765 by a slight extension of duties.^^ By September, 1763, Grenville had arrived at a definite decision regarding the American revenues, and in March of the following year, the month of the passage of the Sugar Act, he was ready to announce to the Commons his intention of introducing an American stamp bill at the next session of parliament and he secured the ap- proval of the house to a resolution to that effect.^ In conformity with this vote, the Board of Trade, now under the Earl of Halifax, sent out formal requests to each colonial governor to transmit to England the various forms of writs, deeds, and similar legal instruments in use within the colony.* Eliphalet Dyer, a member of the governor's council and one of the leading men of Connecticut, was in London at this time in the interests of the Susquehanna Com- pany's enterprise. About the middle of April, he wrote to IngersoU laying bare the purpose of the ministry to bring forward a bill imposing a stamp tax, which was, he wrote, "to fix upon us a large Number of regular Troops under pretense of our Defence; but rather de- signed as a rod & Check over us." Dyer, in his anger, 1 Beginning with 5 and 6 William and Mary, c. 21, there were twenty acts down to and including 5 George III, e. 46, relating to English stamp duties. 2 Stephen Dowell, A Sistory of Taxation and Taxes in England, III, 377. See also, A History and Explanation of Stamp Duties, p. 21, by the same author. 3 Parliamentary History of England, XV, 1427. * Trumbull Papers. The Connecticut list of documents was ready by October 13, 1764, Conn. Archives, War, I, 13. For these lists see Andrews and Davenport, Guide, p. 26; Andrews, Guide, I, 241. THE PASSING OF THE STAMP ACT 119 however, was not oblivious of the services that Eiehard Jackson, the Connecticut agent, was rendering to the colonies, "you are sensible he is in the Interest of the present Ministry, & as such by his Influence the proposd Stamp duty is at present postponed. ' " Meanwhile, the British Stamp Commissioners had been directed by Grenville, in the fall of 1763, to draw up a tentative stamp measure.) Indeed, the Stamp Office had become interested in this project even earlier than this. From Trinity vacation of that year on, it would appear that Henry McCuUoh was in frequent consultation with them. He drew up a plan which he entitled, "Proposals with respect to a Stamp Duty in America," which, in October, was embodied in a formal bill.^ To what extent, however, his ideas found expression in the final act, is hard to say, for it appears certain that his plan was re- jected in 1764, in favor of one which Secretary Thomas Whately of the Treasury had drawn up.^ 1 Eliphalet Dyer to Jared Ingersoll, April 14, 1764, New Haven Col. Hist. See. Tapers, IX ("Jared Ingersoll Papers"), 288-292. In a letter to Governor Fitch, written in March, 1765, Dyer says: "But, Sir, soon after my Arrival I found there were many Things new, meditating with Eespeet to the Colonies in America in general, and more especially against those that have the most free and liberal charters. Therefore, I delayed prosecuting the Affair I came upon, in any public way ... I spared no Pains, in my small Sphere, to represent the Colonies in the most favorable Light I was capable of and have the Pleasure to say . . . that the particular Accounts I have been able to give, of the Regularity of the government to which I belong, the strict and impartial Administration of Justice therein, their ready and cheerful Compliance with all Orders and Instructions from the Crown, as well as the Peace, Happiness and Quiet that the People possess under those Happy Privileges they enjoy, have been in some Degree satisfactory and well approved, and I believe nothing special will be done with Eespeet to these Colonies in particular." Eliphalet Dyer to Governor Fitch. This is printed in the Connecticut Gazette, September 20, 1765. 2 The following entry was made in the American Stamp Office Law BiU Becord, "Drawing Law agreeable to Mr. McCullo's Scheme." Brit. Mus. Addit. MS. 35,911, fo. 206 (Hardwicke Papers, DLXIII). 3 ' ' Attending Secretarys of the Treasury settling American Bill when 120 JARED INGERSOLL • Early in the spring of 1764, Whately wrote to Inger- ^. soil acquainting him with the plans of the ministry. In ^ this letter he showed his hearty accord with Grenville's position that the colonies ought to share in the payment of the "American expense" for imperial defense./ He pointed out that since the amount to be raised from the colonies by the late revenue act was doubtful, some other means for making up the deficiency must be devised. A stamp act, he declared, had been proposed, but had not been carried into execution "out of Tenderness" and also from a desire to allow the colonies either to furnish the necessary information for it or to suggest a better mode of taxation. A tax on the importation of negroes had ^^ been suggested, but a stamp tax was considered prefer- \^ able, because it would not bear more heavily on the south- ern colonies than the northern colonies. On the other hand, a stamp tax would be less easy to collect and more liable to evasion. The revenue from a stamp tax should be great on account of the numerous suits continually pending. Whately thereupon asked IngersoU pointedly, "Would it yield a considerable Revenue if the Duty were low upon mercantile Instruments, high upon gratuitous Grants of Lands, & moderate upon Law Proceedings? "^3 they refused Mr. McCuUos and when received Orders to alter Draft agre- able to Direotions then given . . . 13/4. "During Michelmas vacation, 1764. Copy Mr. Whately 's Plan as ap- proved by the Lords Commissioners, for the Board . . . £1.7. ' ' Ihid,. "It fell to the said Mr. W[hately] from his office as Secretary to the Treasury to prepare and draw the Stamp Act." IngersoU Stamp Act Corresp., p. 3, note. "Soon after my arrival I found in this gentleman's hands the governor's Letter with the several forms of writs, Deeds and the like, as used among us, sent to the Ministry." Ihid. 1 Thomas Whately to Jared IngersoU, not dated, IngersoU Stamp Act Corresp., p. 4. Joseph Trumbull wrote from London, on February 13, 1764: "The Courts are contriving every scheme to saddle us in America with troops and some carry it so far as not to be content with our paying and sup- porting them, but also would have us pay a considerable sum to the Civil THE PASSING OF THE STAMP ACT 121 The true attitude of the Grenville administration toward America seems to be fairly reflected in this letter. Whately, it should be borne in mind, was perhaps the most ardent and able advocate of the financial policy of the ministry.^ How foreign to this program was the idea of flying blindly in the face of American interests and of needlessly disturbing colonial tranquillity and legitimate prosperity, is shown by the solicitous desire of the man who was responsible for framing the bill, to know the truth about American conditions. Before con- cluding his letter to IngersoU, he declared : " I should be happy to know the genuine Opinion of sensible Men in the Colonies upon Subjects equally interesting both to them & to us : You know I always from Inclination inter- ested myself in their Prosperity: My present Situation necessarily employs me often in their Affairs ; & I, there- fore, am anxious to get all the Information I can in Eela- tion to them." And he thereupon besought IngersoU in case either of his suggestions regarding a tax should be found "very exceptionable," to suggest some other type of revenue bill for the colonies.^ IngersoU 's reply to this letter, which was in a friendly but candid spirit, came in July. It gives one an intimate insight into his attitude of mind at this period. "You List — all of which monies are to be raised by duties on French and Dutch goods — ^by our paying in New England the same duties on East India goods as are paid here — ^by Post Office regulations in the manner they are here — and by a Stamp Office — all which the friends to America are doing every- thing in their power to prevent. ' ' Joseph Trumbull to Jonathan Trumbull. Printed in I. W. Stuart, Life of Jonathan Tramhull, p. 84, note. 1 In 1765 Whately answered David Hartley 's attacks on the Grenville financial program in his Semarks on The Budget, or a Candid Examimation of the Facts and Arguments w that Pamphlet. The following year he wrote a defense of the ministerial policy in his Considerations on the Trade and Finances of the Kingdom and on the Measures of the Administration Since the Conclusion of Peace. 2 IngersoU Stamp Act Corresp., p. 4; New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 292-295. 122 JARED INGERSOLL may depend," he declared, "upon the Strictest truth Even tho ' it should offend. . . . You say America can & ought to Contribute to its own defense. ... we only dif- fer about the means ; we, perhaps should first of all Re- scind great part of the present Expense & what remains should difray by the Application of our own force & Strength." He reminded Secretary Whately that the people of Connecticut — "who besides their Charter of Priviledge granted by K. Ch. 2d have . . . subsisted hitherto without one farthing's Expense to the Crown, except what the Nation was pleased to give to them in Common with their neighbours in the late war" — did not believe as yet that the British Parliament really meant to impose internal taxes upon them without their consent. There must be no disguise, he continued, "as to the feeling of colonials. If the. King should fix the propor- tion of our Duty, we all say we will do our parts in the Common Cause, but if Parliament once interpose & Lay a tax, tho' it may be a very moderate one, & the Crown appoint officers of its own to Collect such tax & apply the same without Ace"., what Consequences may, or rather may not, follow? . . . The peoples minds not only here but in the neighbouring Provinces are filled with the most dreadfuU apprehensions from such a Step 's taking place, from whence I leave you to guess how Easily such a tax of that kind could be Collected, . . ."^"j N^ It seems very odd, indeed, that the man who had so clear an understanding of the temper of the people allowed himself, later on, to become responsible for the execution of the Stamp Act in Connecticut. But, to do him justice, IngersoU was of a very open mind, and in this same letter to Whately confessed that he might "be 1 Jared IngersoU to Thomas Whately, July 6, 1764, IngersoU Stamp Act Corresp., pp. 5-11; New Haven Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 295-301. THE PASSING OF THE STAMP ACT 123 Convinced of the propriety as well as necessity of such a Step." "I long to see you & please myself much in the Expectations I have, that you & my friend, Mr. Jack- son, & other Gentlemen on yr Side the water will be able to tell me Some Facts & acquaint me with some reason- ings upon these Subjects which I am at present a Stranger to, & that will dispell those Clouds of Darkness that now hang over my mind. ..." But at present he was far from convinced, and in reply to Whately's desire for advice as to the most feasible plan for raising a revenue in America, he made clear that he was prevented from suggesting which of the several methods of taxa- tion mentioned would be best, for it was plain that %'every one of them or any supposable one, . . . would go down with the people like Chopt hay. "7 However, the close intimacy between the two was shown in IngersoU's statement, "as I expect to see you soon in London, I shall hope for the Pleasure of having an opportunity to say a Thousand Things to you on the Score of Friend- ship & which I will therefore pass by at present. . . . "^ IngersoU's warmth for the colonial cause at this tinae is also shown by the fact that immediately upon receipt of Whately's letter, he copied the most essential portions of it and dispatched them to Governor Fitch. When the Connecticut general assembly met for its May session in 1764, Governor Fitch submitted to its consideration a letter from Richard Jackson, which ac- quainted the colony with the parliamentary resolution favoring a stamp tax. As a result, a committee was ap- pointed by the assembly with the governor as its head "to collect and set in the most advantageous light all such arguments and objections as may justly and reason- ably be advanced against creating and collecting a reve- nue" in the colony, and "especially against effecting the 1 Ingersoll Stamp Act Corresp. 124 JAEED INGERSOLL same by stamp duties.'" Althougli not a member of the assembly, Jared IngersoU was asked to serve on this committee. The result of its efforts was a very carefully framed document entitled, "Reasons why the British Colonies in America should not be charged with Internal Taxes by Authority of Parliament.'" Governor Fitch seems to have taken the leading part in drafting this,^ although the mere fact that the assembly went outside of the governmental circle to procure IngersoU 's services would seem to indicate a feeling that, by reason of his eminence as an advocate and on account of his experience as London agent, he was peculiarly qualified to marshal against the ministerial plan the most effective arguments. That he was the best constitutional lawyer of the group can scarcely be doubted. His share in the work, there- fore, must not have been unimportant. With great skill, facts were brought forward to show how ready Connecticut had been at all times to respond to the financial needs of the home government and with what willingness and celerity she had sent her men on numerous occasions, at the call of danger along the fron- tier. What she had done in the past through the free action of her own assembly she would gladly do again. No reasonable cause, therefore, could be urged which would justify the denial to her people of the liberties and privileges which as Englishmen and as freemen they so highly valued. If, however, it was absolutely necessary to levy a permanent and regular charge upon America it would be better to place a duty on the importation of negroes and also to tax the fur trade rather than to im- pose a stamp tax; for, with regard to the negroes, a 1 Conn. Col. Bee, XII, 256. 2 This is printed in ihid., XII, Appendix. 8 IngersoU gives Fitch the credit of being "the principal Compiler and Draughts-man" of the remonstrance. IngersoU Stamp Act Corresp., p. 2 note. THE PASSING OF THE STAMP ACT 125 lessened importation might be attended with many salu- tary effects and, as to the fur trade, since its protection was one of the chief sources of expense in America, it surely should be charged to support itself. It should be noticed that while IngersoU, in his per- sonal letter to Whately, refused to give the slightest endorsement to either of the proposals which he put forward, the "Book of Reasons,"^ prepared after Inger- soU 's reply, retreated somewhat from the high constitu- tional ground of the latter by confessing that if the Brit- ish government was determined to raise a revenue in the colonies by the direct action of parliament, it might get it out of negroes and furs^ — a revenue scheme which would hardly affect Connecticut of the '60 's. It is impor- tant, in the light of such pronouncements as came from James Otis and Patrick Henry, to appreciate the exceed- ingly cautious position assumed by Connecticut at this juncture, under the control, as she was, of the more con- servative elements in the colony. In a letter written to IngersoU, in December, 1764, Governor Fitch, in refer- ring to the remonstrance drawn up by the committee, gave his views of the constitutional position which it em- bodied. "In these Reasons, "^ declared Governor Fitch, "we have avoided all Pretense of objection against the Authority or Power of the Parliament as the supreme Legislature of all the ^^ing's Dominions to tax the Colo- nies and have therefore Endeavored only to show that the exercise of sue): Power, in that Particular Instance or in like Cases will take away Part of our Antient Privi- leges, etc. (whicL'it is presumed the Parliament who are also Guardians bf our Liberties will not do). . . .'" 1 This is the titl'a by which the Connecticut remonstrance was known and designated. 2 Governor Fitch to Jared IngersoU, December 7, 1764, Trumbull Papers (unbound Correspondence). A duplicate of this letter was sent to Biehard Jackson. 126 JAEED INGERSOLL ° Late in the month of October, 1764, IngersoU, as was noted in an earlier chapter, sailed from New London for England on the ship. Prince Henry, which was loaded with masts that he had contracted to deliver, while in London in 1760/ While he was yet at sea, the general assembly desired the governor to write to him requesting him again to assist Richard Jackson in the London agency "in any matters that may concern the colony," for the people were "convinced of his skill, ability and good disposition to serve the interests of this Colony."^ By the time that he arrived in England, which was about the tenth of December, the stamp bill had been drafted and lay at the Treasury for objections and adjustments.^ IngersoU, it would appear, took steps to oppose it some weeks before he received the news of his reappointment to the agency.* One of his first acts was to distribute, among the ministry and members of parliament, over a hundred copies of the Connecticut "Book of Reasons." He submitted a copy to Grenville, who, while admitting that it was written in good temper and that it contained good arguments, considered that it failed in its principal premise, ;miich was that the colonies should not be taxed by parliament since-they were not represented there.M Numerous meetings and conferences were held among the colonial agents both before and after IngersoU 's ar- rival. Montague, Charles, Franklin, Garth, Jackson, and, 1 Besides IngersoU, there were on board, Joseph Harrison, collector of customs for the port of New Haven, Captain Satnuel Willis of Middletown, and Samuel Wyllys, son of the secretary of the colony. New London Gazette, October 26, 1764; Connecticut Courant, October 29, 1764. 2 IngersoU Stamp Act Corresp., p. 11; Conn. 'Archives, War, I, 15. Fitch was to let IngersoU know that "his services^ would be gratefully accepted and rewarded by this Assembly. ' ' Ihid. '•■ 3 IngersoU Stamp Act Corresp., p. 3, note. * This fact is emphasized in a letter written February 1, 1766, to an unknown party. Emmet Collection (New York Public Library). 5 IngersoU Stamp Act Corresp., p. 31, note. ■ THE PASSING OF THE STAMP ACT 127 later, IngersoU probably made up the circle,* though there were other colonial agents in London at that time. The London merchants engaged in the business of trad- ing with America also went into opposition to the pro- gram of the ministry. They appointed a committee which was to exert itself to that end. This committee of merchants invited the agents to a joint conference. Ac- cording to IngersoU, they were frequently together, working hand and glove, and several times the two groups went before the ministry upon the pending issues relating to America.^ The principal spokes- man of the merchants on these occasions was Barlow Tre- cothick, who had been raised in Boston and had moved to London, where he acquired "a great estate with the fairest character" and became an alderman. At one of these gatherings of the agents it was decided that Franklin and IngersoU should wait upon Grenville, together with Jackson and Garth, who were members of parliament. As a result of this and other conferences, if his own statement can be accepted without reservation, ingersoU's entire attitude was altered regarding the jus- tification of the stamp measure. It is certain that a change of view took place. Was the prospect of an office accountable for it, or was it a change of conviction? While it is clear that IngersoU was a seeker after pre- ferment, he was, at the same time, a man of strong char- acter and high ideals, with very liberal opinions and with unusual openness of mind. The explanation would, therefore, appear to lie in the fact, as he himself sug- gested to Whately in his letter of June, 1764, that in the end he was "Convinced as to the propriety as well as necessity of such a Step." It is safe to say that there exist nowhere else such full and faithful accounts of 1 IngersoU Stamp Act Corresp., pp. 17, 22-23. 2 John Wentworth, The Wentworth Genealogy, I, 538. 128 JAEED INGERSOLL the conferences with Grenville as in IngersoU's letters, written to Governor Fitch and to the Connecticut gen- eral assembly.^ The emphasis that he placed upon Grenville's arguments would seem to indicate the weight and importance that he felt they deserved. Grenville's statements must, therefore, be followed with care as offering an explanation for IngersoU 's conversion. ' ' Mr. Grenville gave us a full hearing," wrote Ingersoll to Governor Fitch, February 11, 1765, "told us he took no pleasure in giving the Americans so much uneasiness as he found he did; — ^that it was the Duty of his Office to manage the Eevenue; — ^that he really was made to be- lieve that considering the whole Circumstances of the Mother Country & the Colonies, the latter could and ought to pay something,^ & that he knew of no better wa.y than that now pursuing to lay such a Tax ; but that if we could tell of a better he would adopt it. ' " In reply to this, Jackson urged that the measure in question, "by enabling the Crown to keep up an armed Force of its own in America & to pay the Govemours in the Kings Governments, & all Avith the Americans own Money, the Assembles in the Colonys would be sub- verted. ..." But Grenville rejected the idea warmly. 1 See "An Account of . a Conference between the late Mr. Gren- ville and the Several Colony Agents in 1764, previous to the passage of the Stamp Act." Mass. Hist. Soc. Coll., IX (1804) (reprinted ia 1857). Ben- jamin Franklin to John Boss, February 14, 1765, The Writings of Benja- min Franklin (Smyth), IV, 362; Benjamin Franklin to Charles Thomson, 1765, The Penn. Magazine of Hist, and Biog., VIII, 426. "A True His- tory of the Differences between the Colonies and the Author of the Stamp Act," written by Franklin, in 1778, to an unknown party. Writings, VII, 119-120. 2 Professor Channing has figured that, owing to the operation of the colonial system, America contributed nearly two million pounds sterling yearly to the income of the homeland. History of the United States, III, 33-34. « Ingersoll Stamp Act Corresp., pp. 17 et seq., for this and following quotations and abstracts from the interviews. THE PASSING OF THE STAMP ACT 129 y^en Franklin pleaded that the old method by king's requisition should be followed in the present case, the minister asked in return if they could "agree upon the several proportions Each Colony should raise?" To which the agents were forced to confess that they could not; which gave Grenville the upper hand in the discus- sion, and he thereupon pointed out that he did not think that anybody in England was furnished with the mate- rials for that purpose, and what is more, there would be no certainty that every colony would raise the sum en- joined. The colonies, moreover, by their increase, he suggested, would be constantly varying in their propor- tion of numbers and ability to pay, which a stamp bill would keep pace with/ Completely baffled by these arguments, the protesting committee withdrew*'."] At a later conference with these spokesmen for Amer- ica, Grenville urged the necessity of the act. He asked them to lay aside all considerations of past services on the part of the colonies, on the one hand, and on the part of England, on the other. There was an immense na- tional interest-bearing debt of not less than £140,000,000 lying heavy on the nation. By the best information that he could secure, the whole public debt of all the colonies together was £800,000,'' yet the annual civil establish- ment in England required £800,000, while that of all the colonies "we find to be about £40,000." /In addition, the military and naval establishments were immense, but without considering that, the annual amount of the ex- pense of the army now placed in America, "as well on Account of the Troubles with the Indians as for the gen- eral Defense against other Nations & the like in so Ex-^ ilngersoll Stamp Act Corresp. ''Ibid., p. 25. The outstanding debts incurred by the colonies in con- nection with the war alone amounted to over £757,000, according to a report of the Board of Trade. C. O. 323:19, sec. 88, p. 27. 130 JARED INGERSOLL tensive a Country," amounted to about £300,000 J Yet he would be glad, he informed the agents, if he should find that the stamp duties would bring in forty or fifty thou- sand pounds, so that the entire revenue from America, ^including that from the duty on molasses and from the jpost office and other sources, would amount to £100,000, which would be but one-third of the cost of maintaining the army in Ajnencajl Evading the financial question, which was of such seri- ous moment, the agents placed before Grenville the prop- osition already brought forward in colonial protests that it "will be for ever inconvenient; 'twill for ever be dan- gerous to America, that they should be taxed by the Authority of a British parliament," urging at the same time the great distance, the want of mutual knowledge and acquaintance with one another and the want of per- sonal friendship between England and America/| But Grenville was not to be drawn away from what to him were the practical issues. He proceeded, therefore, to point out the difficulties of leaving the colonies responsi- ble for the supply of the military forces ; ' * don 't some of you Complain," he asked, "& perhaps very justly, that in the late War, while some of you did much, others did but little, or perhaps nothing at all — and would not that be the Case again, was you left to Defend yourselves?" j In answer, the agents set forth the prevailing Ameri- can apprehension, saying that "without any Persons . . . to speak for us in the great Council of the Nation, — ^we fear a Foundation will be laid for mutual Jealousy and ill Will, and that your Resentments being kindled, you will be apt to lay upon us more & more, even to a Degree that will be truly grievous. . . ."j But Grenville replied that the colonies had never intimated that they desired representation in parliament, and that there were "many 1 IngersoU Stamp Act Corresp., p. 26. THE PASSING OF THE STAMP ACT 131 Eeasons why they should not desire it"; since members received no pay, the expense would be very great to the colonies in sending representatives and already they were pleading poverty ; again, the influence of these rep- resentatives would not be dominant; the colonies appre- ciated that they could not hope to have a majority of members in the House of Commons ; colonial representa- tives would also be confronted by many inconveniences, by reason of the great distance and want of connection with England. If it were, not feasible to introduce such representation, "What then? Shall no Steps be taken & must we and America be two distinct Kingdoms, & that now immediately, or must America be Defended en- tirely by us, & be themselves quite excused or left to do just what they shall please to do? Some, perhaps, will do something, & others Nothing.'" He then made an interesting and prophetic admission, that perhaps "from the nature of our Situations, it will happen & must be Expected that one Day we shall be two distinct King- doms"; but he trusted that the colonies did not consider themselves "ripe for that Event as yet." Let those pos- sible events, he counseled, be left to the disposal of Provi- dence. For his own part, he declared that he did not choose to predict nor yet to hasten the time of this sup- posed period and thought that a separation would be mutually disadvantageous. And in conclusion, he urged, "Let mutual Confidence and mutual Uprightness of In- tention take Place & no considerable Ills can follow."^ These statements attributed to Grenville — after due allowance is made for the inaccuracy of his information 1 According to Mr. Beer, Massachusetts, Connecticut, and New York were the only colonies that could be brought to respond in any proper manner duriag the war. Some of the other colonies hung back disgrace- fully. G. L. Beer, British Colonial Policy, 1754-1765, p. 68 et seq. 2 Jared IngersoU to Governor Fitch, March 6, 1766, Ingersoll Stamp Act Corresp., pp. 25-28. 132 JAEED INGERSOLL respecting the colonial financial situation, regarding whicli the agents themselves seem to have been igno- rant — tend to soften the charge that he was simply a re- actionary, narrow-grooved, niechanistic type of closet politician. While it is true that during his political career he occasionally showed a lack of finesse in dealing with men and measures,^ yet in the main, his ideas on government were not unsound. In justice to him, it should be pointed out that he was capable of something that few men in his age had the vision to appreciate ; he could think in terms of imperial welfare; he sought what in our present political parlance is termed a mobilization of the imperial resources, through a proper articulation of every unit in the empire with the central authority. The ministry, of course, was unfortunately obliged to rely upon an antiquated and inflexible parliamentary system, due to the innate conservatism of the English-speaking people; still more unfortunately, it was forced to en- counter the extremely particularistic spirit that pre- vailed in the American colonies, the weight of which at that time was not suspected by even so close an observer of American conditions as Benjamin Franklin. Never- theless, casting aside inherited prejudices and the politi- cal opportunism of the older historians, both British and American, who demanded a scapegoat in order to inter- pret the history of this period, it is not clear how the Grenville program can be regarded as other than a sin- cere and not unenlightened attempt to accomplish some- thing of vast importance to the nation, which would have gone far toward making the British people, scattered as they were even in 1765, ready to face any emergency.*! 1 It will be remembered that the prosecutions of Wilkes were energeti- cally pushed by Grenville at the behest of George III. He also fathered the exceedingly unpopular and unremunerative Cider Bill of 1763. He even, finally,, alienated the king, "who had a horror of his interminable argu- ments. ' ' THE PASSING OF THE STAMP ACT 133 Indeed, as has been pointed out, tlie hard experiences of the Seven Years ' War seemed to have proved the need of some such reorganization as was now sought. Might not the Grenville program of centralization and unifica- tion be regarded, in other words, as a premature step, taken in good faith, in the direction of realizing a federal system for the British empire; something that men to- day are demanding? For, surely, where the great com- mon affairs of the nation were decided, there the differ- ent units of the empire would inevitably, before long, have secured a voice.^ \ 1 In other words, there is every reason to believe that the American colonies would have secured representation in parliament after submitting to taxation. As Bichard Jackson, himself a member of parliament, pointed out in a letter to Governor Fitch, parliament did not think the County of Durham ought to be free from taxation because it was unrepresented. They were of opinion that it was represented, though it chose no members, and continued to tax it, but the House of Commons thought this so good a reason for giving it members that they passed several bills for that pur- pose and at last a bUl passed both houses of parliament. See the Fitch Papers. Among the Chatham Papers is a "Scheme for the better uniting and cementing the mutual interest and peace of Great Britain and her Colonies by representation in the Parliament of Great Britain and Dominions thereto belonging."' According to this scheme, which is without date, the colonies were to have the following representation: 1. Massachusetts, Pennsylvania, and Virginia, each four members or a smaller number at their option. 2. Connecticut, New York, and Jamaica, each three members. 3. Canada, the East and West Jerseys, Maryland, and South Carolina, each two members. 4. Nova Scotia, New Hampshire, Bhode Island, the Lower Counties of Pennsylvania, North Carolina, Georgia, East Florida, West Florida, Baha- mas, Bermuda, Barbadoes, Antigua, St. Christopher, Nevis, Granados, one member each. For this plan see the English Historical Beview, XXII, 756- 758. But it should be pointed out that the colonies were not asking or desiring representation in the British parliament and this scheme would have suited them as little as Grenville 's. The fourth resolution of the Stamp Act Congress reads, "that the people of these colonies are not, and, from their local circumstances, cannot be, represented in the House of Commons in Great Britain." 134 JAEED INGERSOLL It can now be appreciated that the colonial problem of the period subsequent to 1763 was, in truth, a glowing ember ready to sear the hand of any British statesman who attempted to carry it to a solution. No one better understood this than G-renville's opponent, the great Pitt. In studying the cause for the failure of this taxation experiment, it must be done in light of the causes for the failure of the confederation of the United States, estab- lished in 1781. In each case, there was an unwillingness on the part of the American people to think in terms other than that of local welfare, which culminated in bit- ter interstate conflicts ; in each case, it was the unwilling- ness of the people to surrender the notion that a group of detached, practically independent political units could serve the interests of all effectively; in each case, it was an attachment to the requisition idea, which caused Patrick Henry, even in 1788, to maintain, in opposing the Constitution, — which had been submitted to the states for ratification, — that he could never give up his "darling requisitions," unjust and hopelessly defective as the idea was in practice. If the American people were sus- picious of giving to parliament the right of taxation in 1765, they were hardly less willing to entrust it to their own congress of the Confederation, which pleaded for it in vain in 1781, in 1783, and in 1788. Indeed, there is abundant evidence to show that almost from the very beginning of English colonization in America, concep- tions of local autonomy had been gradually developing; in 1765 these conceptions overshadowed all other politi- cal ideas. Admitting that Grenville failed because his program did not take into account the strength of these conceptions, there is at least a certain rationality about his theory of government. It may be summarized as follows : THE PASSING OF THE STAMP ACT 135 There must be obedience to law on the part of all within the British domains. If, as in the case of the trade and navigation laws, particular measures occasionally had borne more heavily upon some than others, it had been inevitable and was truly characteristic of all legislation, although justice, as far as possible, should and would be done to all.^ Not only must there be general obedience to the law, but a general sharing of the vast expense of the national administration; the old policy of allowing the local, subordinate assemblies to decide how far they were willing and obligated to contribute had not proved satisfactory; there must, in other words, be exercised somewhere a more effective control, without which the empire could never properly function in the interests of all groups within it. Parliament, in the light of its his- toric position and in the exercise now of so many of the ancient sovereign prerogatives, was the only agency com- petent to do this work. While it was true that parlia- mentary representation was not a fully realized thing for all, either in England or elsewhere within the empire, there were vast difficulties in the way of bringing about a representation which would be more satisfactory for America. /But, in all fairness, it must be conceded, that, although the colonies had never had members in parlia- ment and had never expressed a desire to assume the ex- pense of sending them, yet for the lack of them they had never been treated oppressively, but, on the other hand, had greatly developed and prospered^ This would con- . 1 In speaking to the agents, Grenville, according to IngersoU, said : "Let us then, instead of predicting the worst, hope that mutual Interest, as well as Duty, will Keep us on both Sides, within the Bounds of Justice — We trust we shall never intentionally, burden you unreasonably — ^if at any Time we shall happen to do it by Mistake, let us know it, &, I trust, it will be remedied. Tou find, & I trust, always will find, an easy Access to those, who, from their Office, have the principal Conduct of Revenue Laws. ' ' IngersoU Stamp Act Corresp., p. 27. 136 JAEED INGEESOLL tinue in spite of the necessity, for the common welfare, of so reorganizing the colonial administration as to allow America to bear a more just, definite, and responsible part in the general affairs of the empire. 1 In writing to Grovemor Fitch regarding the outcome of these conferences, IngersoU said that "to do Justice to the Minister, Mr. Grenville as to the Comparative few who have interested themselves in the Concerns of Amer- ica, I beg leave to say that I think no pains have been spared, on the one Side in behalf of America, to make the most ample & strong representation in their favor, & on the other, on the part of the Minister to bear patiently, to listen attentively to the reasonings & to Determin at least seemingly, with coolness & upon principle upon the several Measures which are Eesolved on.'" Apparently, IngersoU, in his capacity of Connecticut agent, did his utmost to divert Grenville from this policy and in the last of the interviews, according to Jackson, he took an especially prominent part.'' However, the more he studied the whole situation and analyzed the motives of the ministry as well as its practical program, the less he saw to fear in the proposed revenue bill, and the more heartily he came to sympathize with the idea of an efficiently organized British administration ex- tending throughout the empire. The phrase, "Taxa-, tion of the Colonies," would sound very different to a colonial of broad views, conversing familiarly 1 Jared IngersoU to Governor Fitch, March 6, 1765, IngersoU Stamp Act Corresp., p. 24. 2 Jackson, writing to IngersoU the foUowing year, commended him upon his opposition to the Stamp Act, "particularly at the last interview, Mr. Franklin, you & I had with Mr. Grenville over the Subject when he heard us give our reasons against the BiUs being brought in for near two hours." Eichard Jackson to Jared IngersoU, March 22, 1766, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 383. THE PASSING OF THE STAMP ACT 137 each day in the govemment offices and the halls of parliament with men of influence in the administration, some of whom were old acquaintances, who laughed at the idea that there was the slightest intention on the part of England to treat America unfairly or to deny to its peo- ple the essential rights of Englishmen, from what it would to the same person living far away from the seats of power in the atmosphere of a Connecticut seaport. In like manner, the British constitution would easily come to mean something quite different to the man listening to the argument of the head of the ministry and to the speeches in the House of Commons, from what it would to the same man deliberating in a New Haven town meet- ing three thousand miles away from London. "I went to England last winter," IngersoU confessed later on to his friend, William Livingston of New York, "with the strongest prejudices against the Parliamentary Author- ity in this Case; & came home, I don't love to say con- vinced but, confoundedly begad & beswompt as we say in Connecticut."^ In other words, while he disliked to see the colonies disturbed with additional taxation, while he realized the possible dangers that lurked in the situation, where the colonies would be under the full control of parliament, yet the reasons in favor of such taxation appeared to outweigh the arguments that could be urged against it. /There seemed to be no other solution of the problem to(^ one thinking in terms of imperial welfare. "No man sees in a stronger light than I do," IngersoU declared upon his return to America, and when writhing under the lash of public opinion, "the dangerous tendency of admitting for a principle that the Parliament of Great Britain may iJared IngersoU to William Livingston, October 1, 1765, The histori- cal Magazine, VI, 138-139. 138 JARED INOEESOLL tax us ad libitum — I view it as a gulph ready to devour, but when I look around I am at a loss for a plan. ' " After the conferences with the minister had failed, the agents sought to get the issue discussed in an open ses- sion of the Commons, in a full debate. But as IngersoU wrote to Fitch, "The Point of the Authority of Parlia- ment to impose such Tax, I found on my arrival here was so fully and Universally yielded, that there was not the least hopes of making any impressions that way.'" '^ If the passage of the measure could not be prevented, the colonial cause, nevertheless, might be served in an- other way. The bill was still resting at the Treasury, and IngersoU 's friend, Secretary Thomas Whately, was at work on its final revision.' If the principle of colonial freedom from parliamentary taxation could not be saved, the same might be applied in such a way as to make the added burden comparatively light and inoffensive. A favorable casting of the measure then became the chief object of IngersoU 's exertions. It was now that IngersoU 's fundamental honesty of 1 The Historical Magaeine. 2 See Jared IngersoU to Governor Fiteh, February 11, 1765, and Jared IngersoU to the Conneetieut General Assembly, September 18, 1765, Inger- soU Stamp Act Corresp., pp. 12, 29. s Whately was altering the schedule of duties in the draft of the bill as late as the latter part of January. Brit. Mus. Addit. MS. 35,911 (Hard- wicke Papers, DLXIII), "American Stamp Office Law Bill." There is preserved a list of "Queries and Remarks on the American Stamp Bill by the Secretaries of the Treasury." Ibid., fo. 15. It is interesting to note that the bill was not submitted to the inspection of the attorney general before its passage through parliament, as the following makes clear: "Attending Consultations by self and clerk, in Court when Mr. Attorney found great faults with American Bill and of Impropriety in not having same lain before him previous to the passing and when Ordered. Mr. Martin to Consider of Defects therein particularly with respect to the power of Eecovering Eevenue Debts and to Beport same to him." Hid. The cost of "drafting the act, the bonds, etc." was £631.9. Ibid. THE PASSING OF THE STAMP ACT 139 purpose, sense of fairness, judicial temper, conciliatory attitude, together with his wide knowledge of colonial conditions and grasp of specific American legal practices made him an asset of value to the colonies. For Whately seems to have recognized these qualities and eagerly sought confidential information from him. IngersoU de- clared that, as a result of frequent conferences with the secretary, he was able to bring about a material lessen- ing of the duties in general, and in the case of three im- portant instruments — ^marriage licenses, commissions of the justices of the peace, and notes in hand — ^he gave the secretary no rest until the latter dropped them from the bill.^ "Mr. Whately to be sure tells me," wrote Inger- soU, "I may fairly claim the Honour of having occa- sioned the Duty's being much lower than was intended.'" When at last the stamp bill was ready for presenta- tion in the Commons,/ it had been so modified that a care- ful study of its schedules shows that in the framing of it there was a serious appreciation of the complexities of the economic situation in the colonies./ While it was the most compendious and comprehensive taxation measure 1 " I had frequent Opportunities with that Gentleman. No Article of Duty was added or enhanced after I saw it. But several were taken out. 1, Notes in Hand. 2, Marriage Licenses. 3, Registers of vessels which stood at 10 s. 4, Judge's Salaries." IngersoU Stamp Act Corresp., p. 3; see also p. 19. Jared IngersoU to Governor Fiteh, February 11, 1765, ibid., p. 19. Thomas Whately to Robert Temple. Mass. Hist. Soc. Coll. (sixth series), IX, 49. In this Whately contends that the duties had been so lowered that as a whole they were much lighter than those imposed on similar documents in England. ^IngersoU Stamp Act Corresp., p. 19. How closely IngersoU was asso- ciated with Whately in the final stages of the bill is shown by the fact that IngersoU, at Whately 's request, consented to draw up an estimate of the probable yearly income from the taxes in Connecticut. The estimate placed the sum between twenty-five hundred and five thousand pounds sterling. The ministry's estimate was four thousand pounds, "about equal to our county penny Eate," according to IngersoU. Ibid., p. 49. 140 JARED INGEESOLL of its kind that hitherto had issued from the Treasury, it bears every mark of being carefully worked out. Early in February, the first debate took place in the House of Commons over the bill. Ingersoll said that Grenville, on this occasion, dealt with the proposal "in a very able and, I think, in a very candid Manner. ' '^ The bill passed through its first reading with a ministerial majority of five to one. According to Ingersoll, Colonel Barre, Richard Jackson, and Sir William Meredith were among those who replied to Grenville. Alderman Beck- ford, a member from London, who was a West India planter, was the only one at that time to deny absolutely the authority of parliament to tax the colonies.^ At this session Ingersoll was very greatly impressed with the forceful reply that Colonel Barre made to Mr. Towns- hend, when the latter was urging the ministerial proj- ect. Barre was bitterly opposed to the government, which may^have added fire to his famous apostrophe beginning :V ' They planted by your Care ! No ! your Op- pressions planted 'em in America.'" \In describing the 1 Jared Ingersoll to Governor Fitch, February 11, 1765, Ingersoll Stamp Act Corresp., p. 14. "I shd not do Justice to M"^ Grenville the Chan- cellor of the Exchequer, if I did not add that when he opened the design of taxing the Colony, he spoke of the Colonies in general in Terms of great Kindness & Eegard & in particular, assured the House there was no Inten- tion to abridge or alter any of their Charters." Eichard Jackson to Thomas Fitch, February 9, 1765. See Fitch Papers. 2 Beckf ord 's principal fortune lay in Jamaica. In 1759 an attempt had been made to increase the duty on sugar; this put Beckf ord into strong opposition to plans which would interfere with the colonies. As Horace Walpole said, "A tax on sugar touched his vitals." Horace Walpole, Memoirs of the Seign of George II, III, 177; Stephen Dowell, A History of Taxation and Taxes in England, II, 137. 3 Ingersoll Stamp Act Corresp., pp. 15 et seq. The speech in full, with variations, is given in Eichard Frothingham 's Sise of the Sepublio, pp. 175-176. Its authenticity has been questioned. John Adolphus, History of England, 1, 1^7; Edward McCrady, History of South Carolina under the Boyal Government, 1719-1776, p. 579, note 2. In a footnote to his Corre- spondence, which was published in 1766, Ingersoll claimed to be "the only THE PASSING OF THE STAMP ACT 141 speech, IngersoU wrote: "These Sentiments were thrown out so entirely without premeditation, so forceably and so firmly and the breaking off so beautifully abrupt, that the whole house sat a while as Amazed, intently Looking and without answering a Word. I own that I felt Emo- tions that I never felt before & went the next Morning & thank 'd Coll Barre in behalf of my Country for his noble and spirited Speech.'" At the second reading of the bill, an unsuccessful at- tempt was made, by members of parliament, to present various petitions against it. |^But all efforts were useless, for the ministerial party urged that there was a long standing^rule of parliament against petitions upon reve- nue bills.) It is interesting and important to notice that the opponents of the bill denied that the so-called rule was an order of the house, but on the other hand, merely a practice founded on experience and maintained to pre- vent inconvenience. The opposition urged that, unrea- sonable as it would be to admit English subjects, upon every imposition of a tax, to come in and be heard upon Person by what I can discover, who transmitted Mr. Barrfi's speech to America." IngersoU Stamp Act Corresp., p. 16. It appears, however, that Francis Dana, afterward chief justice of Massachusetts, sent home a report of the speech. Cf. J. G. Palfrey, Sistory of New England, V, 288. 1 IngersoU Stamp Act Corresp., p. 16. Burke, in his speech on American taxation, delivered nine years later, April 19, 1774, says, "Far from any- thing inflammatory, I never heard a more languid debate in this House." Lord Mahon, History of England, V, 86-87. Bichard Jackson^ who, as is stated above, participated in the debate, declared that Beekford, Barrfi, Fuller, Sir WUliam Meredith and "myself spoke against Internal Dutys. I relied on the statute of the 34 & 35 H: 8. c. 13 and 25 Car: 2 e. 9 for giving Members to the Counties & Citys of Chester & Durham, which at the same time they establish the Eight of taxing such part of the British Dominions as have no Election of Members shew the sense of the Legislature, that the Eight cannot be exercised with- out great Publick & Private Mischiefs and therefore shod not be, without giving the Eight that is given by these Laws. ' ' Eiehard Jackson to Thomas Fitch, February 9, 1765, Fitch Papers. \ \ 142 JAEED INGERSOLL petitions against the same, there were precedents which could be produced to show that when any new species of taxation had been designed, petitions had been admitted against the measure, as in the case of the Funding Bill and on "other particular and extraordinary Occasions formerly; & that this Case, as to America was quite new & particularly hard as they had no Members in the House to speak for them.'" However, in spite of a vehement speech by General Conway,'' the measure was carried smoothly through this and its subsequent reading with overwhelming majorities!jk Ingersoll explained this result by reason of the fact that "The Parliament & Even the whole Nation, as far as I could collect their Sense of the matter, seem to be fixt in the following points, viz. first that America is . . . be- come too important to itself, as well as to the Mother Country & to all foreign powers to be left to that kind of Care & protection that was Exercised heretofore by Each independent Province in the Days of their Infancy : that there must be some one Eye to oversee & some one hand to guide & direct the whole of its Defense & protection. In the Second place that America is able & ought to con- tribute Something toward this general protection, over & above the Advantages arising from the American trade ; the Advantages of trade simply Considered, they say, are mutual. To give authority to America, to provide for these things, there would be the liability of giving umbrage to the Mother Country and the many jealousies 1 Jared Ingersoll to Governor Fitch, March 6, 1765, Ingersoll Stamp Act Corresp., p. 21. 2 In referring to General Conway in his letter to the general assembly, Ingersoll said that he was "a Gentleman who was so displeased with the Ministry, for what he thought were personal Injuries, having been deprived of all his Offices, that he could scarce speak without showing Signs of Anger; & was sure to oppose almost every Thing that was proposed by the Minister." Ibid., p. 30. THE PASSING OF THE STAMP ACT 143 that would surely arise among the colonies as to propor- tioning the parts of this common power. And so, taking everything into consideration, it was generally felt. Par- liament should assume the entire responsibility of the protection of British possessions. "Y Speaking of the character of the opposition against the ministerial policy, IngersoU pointed out that "Except the Gentlemen Interested in the West Indies & a few Members that happen to be Particularly connected with some of the colonies & a few of the heads of the minority who are sure to athwart & oppose the Ministry in Every Measure of what Nature or kind soever, I say. Except those few Persons so Circumstanced, there are Scarce any People here. Either within Doors or Without, but what approye the Measures now taking with Regard America. ' " ) The ministers had been given a certain discretion as to the particular time the act would go into effect. The agents, defeated in their larger objects, exerted them- selves to have the date changed, and it was IngersoU, apparently, who finally prevailed upon Whately to set the date of enforcement as late as the first of November following.' The particular means of enforcement had 'i^ IngersoU Stamp Act Corresp. Biehard Jackson, in referring to the principles that had previously governed parliament, said, in a letter to Grovernor Fitch, that "they did not think the County of Durham ought to be free from Taxation because it was unrepresented. They were of opinion that it was represented though it chose no Members & Continued to tax it, but ye House of Commons thought this so good a reason for giving it Members that they passed several Bills for that" purpose & at last a Bill passed both houses of Parliament." Fitch Papers. 2 IngersoU Stamp Act Corresp., p. 22. ' ' And, here, I would remark that in the whole Debate, first & last, Alderman Beckford & Gi. Conway were the Only Persons who Disputed the right of Parliament to tax us." Ibid. 3 " I have been able from particular Connections and Circumstances to render the Colony more Service than any one Man in it in the Matter of the Stamp Act itself by assisting in getting it modified and getting the 144 JARED INGERSOLL also been left to the ministry. Whately's plan called for two head distributors in each province, one of whom should be the clerk of the provincial council, and the other, an eminent merchant and planter. '^ It was also contemplated to make the governor and council a kind of board of commissioners, to superintend the whole ar- rangement,* but for some reason, probably that of ex- pense, it was finally decided that a prominent colonial in each province should be selected to have charge of the work of enforcement; he would be able to determine "where it pinches & will certainly let us know it, in which Case it shall be Eased.'" When the plans were completed for carrying the act into effect, there had been provided an American stamp office in London, with five commissioners of stamps, each drawing £500 apiece, per annum, and with the necessary staff of clerks.* Below these were the American inspec- tors, who were to receive a salary of £100, besides 20 shillings per diem while on their tours of inspection — for purposes of inspection, the colonies were grouped into districts, with Massachusetts Bay, Rhode Island, and Connecticut as one, under Robert Warter.° Then came the distributors, who were to be awarded eight pounds for every one hundred pounds worth of stamps that was disposed of within the colony constituting the particular district of each.* Time of its taking Effect put off to a further Period than was first Intended." Ibid., p. 2, note. iBrit. Mus. Addit. MS. 35,911 (Hardwicke Papers, DLXIII). 2 Ingersoll Stamp Act Corresp., p. 28, note. sjared Ingersoll to Governor Titch, March 6, 1765. Postscript to letter, written March 9, 1765, ibid., p. 28. Jared Ingersoll to the Connecti- cut General Assembly, September 18, 1765, ibid., p. 32. * Treasury 1 : 442, fo. 34. B Ibid. 6 According to Whately's plan, an allowance of one shilling and six pence on the pound was to be granted to the head distributor and one THE PASSING OF THE STAMP ACT 145 It happened that there were only three Americans in England at that time who appeared to be qualified for so important a post as that of distributor and who were so situated as to take the office : Colonel Mercer of Virginia, George Meserve of New Hampshire, and Jared Inger- soU.^ All three had gone to England on private busi- ness; none of them apparently sought the place,^ but each, after being recommended, decided to accept office. IngersoU disclaimed any previous thought of obtaining such a post before his services were solicited by Secre- tary Whately, after the passage of the act, Franklin, it would seem, especially urged IngersoU to assume the responsibilities of this work.^] In doing so, little did he, or Benjamin Franklin, or the other colonials in London, shilling on the pound to the under distributors. He also added "perhaps a clerk and a warehouseman with Salaries will be required for each Head Distributor." Brit. Mus. Addit. MS. 35,910, fo. 310 (Hardwicke Papers, DLXIII). 1 Jared IngersoU to the Connecticut General Assembly, September 18, 1765, IngersoU Stamp Act Corresp., p. 31. 2 ' ' You know also, I believe, that the Office of Distributor was first mentioned to me by Mr. Whately, without my seeking, or even before I thought of it." Jared IngersoU to Richard Jackson, November 3, 1765, ibid., p. 41. 3 1 have not been able to locate the letters that HolUster refers to in his History of Connecticut, II, 130, note. He says, ' ' These facts are asserted in one of IngersoU 's letters to Governor Fitch and in a note in one of his letters to Whately." Palfrey, also, apparently had access to these letters, for he says, ' ' Franklin advises him [IngersoU] to accept the office, ' ' adding, "Go home and tell your countrymen to get children as fast as they can." Eistory of New England, V, 319. See also B. L. LoBsing, Pictorial Field Boole of the devolution and the War of 1812, I, 1446. In a letter ' ' To the PubUc," IngersoU, however, declared, "Again, my accepting the office of Destributor of Stamps (which was offered to me in the same Manner as to other Americans in Each Province) was upon the Advice of mine and Colony's Friends as Supposing it was most probably you would think there was a Necessity of your submitting to the Act of ParUament, and that, in that case, I should be able to assist you to the Construction and Application of the Act; better than a stranger not acquainted with our Methods of Transacting." Connecticut Oaeette, September 6, 1765. 146 JARED INGEESOLL or the ministry, realize the extent of the storm brewing in America. In fact, as late as August 9, Franklin had such a contempt for the radical, anti-ministerial element in America that he wrote from London, to John Hughes, who was appointed the Pennsylvania stamp distributor, "that a firm Loyalty to the Crown and faithful Adher- ence to the Government of this nation, which is the Safety as well as the Honour of the Colonies to be connected with, will always be the wisest course for you and I to take, whatever, may be the Madness of the Populace or their blind Leaders, who can only bring themselves and Country into Trouble, and draw on greater Burdens by Acts of rebellious Tendency."^ This view may well be taken as an epitome of the opinions of moderate Ameri- cans generally at this stage of the crisis. They all con- templated that there would be some opposition to en- forcement of the Stamp Act, but thought nothing serious could come out of it. IngersoU himself saw the solid advantage of having a strong friend of the colony acting in the capacity of distributor of stamps. "Upon my honor, I thought, I should be blamed," he pleaded later on, "if I did not accept the Appointment.'" After accepting office,' in order to obtain "a full and beneficial Construction of the Several Articles of the Tax, ' ' IngersoU lengthened his stay in England an addi- tional month, which gave him the opportunity to consult with the board of commissioners and with Doctors' Com- mons in reference to many of the terms and words used in the act expressing different ideas in England than in the colonies.* At this time, also, he put up a bond of 1 Benjamin Franklin to John Hughes, written from London, August 9, 1765. Writings of Benjamin FranMin (Smyth), IV, 391-393. 2Jared IngersoU to the Connecticut General Assembly, September 18, 1765, IngersoU Stamp Act Corresp., p. 32. 3 Treasury 1: 442, fo. 34; 54: 41, fos. 38-39, 120. *: IngersoU Stamp Act Corresp., p. 32. "Attending Mr. IngersoU by THE PASSING OF THE STAMP ACT 147 £3000 for the faithful performance of his oflfice, getting James Brown of Lombard Street, banker, and his friend, Thomas Life, the Connecticut London solicitor, to join him as bondsmen.^ Before leaving England, IngersoU apparently ren- dered very valuable service to the colonies in two matters not related to the Stamp Act. One was "in the matter of the Mutiny Act in preventing the Bill passing, to quar- ter soldiers in private Houses, as was intended";^ the other was, "in assisting to get passed the Act granting a Bounty on timber" shipped from America. "I had the Honor," he declared, "to be often with the Minister and Secretary at War, together with Mr. Franklin and other gentlemen, upon these subjects."' Li May he took passage on a ship bound for the port of Boston.* 1 Order. 15th April at 11 and staid till 2 by self and agent answering divers questions and clearing up his several Doubts Upon the American Law. "SoUra Answer to Mr. Ingelsols Doubts upon the American Law." Brit. Mus. Addit. MS. 35,911, fos. 33 and 36 (Hardwicke Papers, DLXIIL American Stamp OfSce Law Bill). 1 The bond covers six folio sheets. It was signed May 1, 1765. Inger- soU Papers. In 1770 the bondsmen memorialized the Lords of the Treasury that the bond be delivered to them and cancelled. It was referred May 9. Treas. 4: 12, p. 169 (Andrews, Chiide, II, 206). See also Brit. Mus. Addit. MS. 35,911, fo. 33 (Hardwicke Papers, DLXIII). IngersoU in turn gave to these two sureties his own bond of indemnification. IngersoU Stamp Act Corresp., p. 36. 2 Ihid., p. 3, note. In a letter to Governor Fitch, Bichard Jackson said in referring to the biU for quartering soldiers in America, then pending in parliament, that great opposition would be made to certain parts of the bUl "such we deem to be a Claim that under the Cloak of the Expression (as has been heretofore practiced) empowers the Civil Magistrate to quarter soldiers in private Houses where barracks are wanting and the Public Houses insufficient." Eichard Jackson to Thomas Fitch, April 19, 1765, Fitch Papers. 3 IngersoU Stamp Act Corresp., p. 3, note. On April 7, 1765, IngersoU wrote an interesting letter to Godfrey Malbone of Newport, Bhode Island, an extract from which follows : ' ' The Parliament have been and still are very busy with America, laying duties and granting, at least talking about granting bounties — The Spanish 148 JARED INGERSOLL trade you may depend is opened as much as the same can be without speak- ing loud; they say how they intend not to hurt us upon the whole of their regulations but do us good — I wish we may be of that mind — ^Many things have been said about the molasses duty but, after all, they don't intend to repeal or alter the present Act without at least trying it, tho I believe they think they must by and by." Emmet Collection (New York Public Library). As to the bounty on timber, Jackson, writing April 19, 1765, says, "However, we have a promise of a Bounty on American Timber imported into England." He expresses the hope that this "may in time prove an Encouragement for the Opening a very beneficial trade and particularly may contribute a little to the faoUitating a direct Intercourse between Great Britain and Connecticut. ' ' Biehard Jackson to Thomas Fitch. Fitch Papers. * IngersoU, in a postscript to his letter to Governor Fitch, written March 6, 1765, declared that he had taken passage on the Boscowan, Captain Jacobsen, bound for Boston, sailing early in April. He, however, did not sign his bond until May 1, 1765, CHAPTER VI OPPOSITION TO THE STAMP ACT IN CONNECTICUT One of the most difficult tasks that confronts the student of American colonial history is to approach the study of the Stamp Act agitation and the agitation that followed the passage of the Townshend measures from a view- point so thoroughly detached that it is possible to give a sufficiently sympathetic emphasis to the motives and acts of the opposing groups as to do full justice to each. /In making an analysis of the Stamp Act crisis, it becomes clear that there were at least threa„distinet issues in- volved in the same, and that each of these has had to some extent its counterpart in later American history. / There was the constitutional issue, put forward to a place of first prbininence. However, in view of the fact that the colonials between 1764 and 1776 felt compelled radically to shift their ground regarding the unconsti- tutionality of the efforts of the British government in attempting to regulate American affairs,^ it would hardly lAs was brought out in the preceding chapter, Oovernor Fitch, in 1764, in his "instructions" to the Connecticut agents in London, made clear to them that they were not to deny the constitutional right of parliament to tax the people of Connecticut, but to emphasize the inexpediency of doing so. After the passing of the Stamp Act, as will be seen, a shifting of ground took place; while still accepting the right of parliament to levy American customs duties and to tax American sailors for the support of Greenwich hospital, there was set up the theory that the placing of an "internal" tax upon the colonies by that body was a violation of the con/ stitutional rights of the people of America. This theory was very forcib^ set forth by Franklin in his famous "Examination." By 1768 the people 150 JAEED INGERSOLL seem that this issue, in truth, can be considered more fundamental as the real basis for resistance than the con- stitutional arguments advanced by New England seces- sionists, previous to and during the War of 1812, against the "usurpations" of the central government then in the hands of the "Virginia dynasty"; or those put forward by that erstwhile ardent nationalist, Calhoun, through the medium of the South Carolina Ordinance of Nullifica- tion, against the unconstitutional procedure of Congress in passing the tariff act of 1828. Ifiut once having sought this means of defense the colonials found it the most powerful and effective of weapons/j Anothex-issue had to do with the'T.dea which had taken root in the colonies that, on the one hand, an American was not an Englishman and, on the other hand, that Eng- lish institutions were un-American ; in other words, that there were two peoples instead of one, with distinct and divergent interests. This attitude is clearly presented in a letter which Jared IngersoU wrote in 1764 to Thomas Whately, secretary to the Treasury Board, who had twitted him about his Puritanism of an "Oliverian de- scent." In reply, IngersoU proceeded to make clear that on the contrary "being so much an Englishman, so much of Connecticut, and elsewhere in America, had advanced to the point in their constitutional theorizing that they were now prepared to brush aside the distinction that they had made between "external" and "internal" taxation and to deny the right of parliament to secure a revenue from America by any means whatsoever. Before the outbreak of the Eevolution, BO far had American political theory swung from its standpoint of the early '60 's that the doctrine of the coordinate authority of the colonial assem- blies with parliament had become the chief reliance of those who were in opposition to the parliamentary program. Many went still further. "The idea of inalienable allegiance to any prince or state is an idea to me inad- missable," declared Samuel Holden Parsons, writing from Connecticut to Samuel Adams, in 1773, "and I cannot see but that our ancestors when they first landed in America were as independent of the Crown or King of Great Britain as if they had never been his subjects. ' ' Penn. Soc. of Sons of the Amer. Eev. Year Book (1895), p. 189. OPPOSITION TO THE STAMP ACT 151 an advocate of you on your side of the water, so unhap- pily void of all Puritanism . . Vl have very much bro 't upon me the jealousy of my own countrymen ; they sus- pect me being too much a favorer of court interest.'" This feeling of separateness, as a social group, gave rise in America to the idea that no interests so vital to the people of the colonies as that of taxation and the garri- soning of the frontier forts could be entrusted to the hands of "foreigners," as Englishmen were freely de- nominated by the American press of 1765.'' Similar ideas, of course, took root in the South, coming into full bloom during the decade preceding the Givil War ; Southerners had become impressed with the notion that they were a distinct people with respect both to constitutional con- ceptions and social order and possessed of interests which were not to be entrusted to any governmental body that their votes could not control. Both in 1765 and in 1860 one is confronted by certain powerful anti-nationalistic tendencies expressed in the form of the most extreme particularistic theory and in each case this particularism sought shelter behind a wide mantle of sectionalism, y Finally^ there^ was the issue which had to do with the quesfiion of increased taxation. This, in itself, coming from whatsoever source, would not have been welcomed 1 Jaxed Ingersoll to Thomas Whately, June 6, 1765, Ingersoll Stamp Act Corresp., p. 4. 2 Connecticut Gazette, August 9 and 16, 1765, in letters of ' ' Cato ' ' and " Philopolitus " ; see also the number issued on March 29, 1766. In the New London Gazette, August 30, 1765, there is reprinted an article from a Boston paper dealing with the contention of the "ministerial writers, and all the great and little tools on this and the other side of the water" that the people of America are British subjects and Englishmen. The reply is made, "Does he think we are to be flatter 'd with the mere name of Eng- lishmen?" In conversing with GrenviUe regarding the laying of the Stamp Tax, the agents urged that there was "a general want of mutual Knowledge and Acquaintance with each other; — That Want of Connection and Personal Friendship. ' ' Ingersoll Stamp Act Corresp., p. 26. 152 JAEED INGERSOLL by the colonials. The fanners of Somersetshire and Devon, it should be kept in mind, resisted in 1763 Lord Bute's cider tax with almost as much bitterness and vio- lence as the people of the American colonies did the Stamp Act.^ Had so sweeping a measure in 1765 ema- nated from a legislative body made up even of represent- atives from the different colonies, it would have been intensely unpopular with those very elements stirred to violence against the upholders of the Stamp Act. Indeed, the "Whiskey Insurrection in western Pennsylvania in 1794, precipitated by the internal revenue law of 1791, brought forth a series of denunciations of President Washington's administration that bear, in many respects, a remarkable resemblance to the denunciations that filled the colonial press in 1765 against the Grenville ministry ; both in 1765 and in 1794 unconstitutionality of action and usurpation of power formed the basis of violent charges against the central government.'' In following the course of the resistance to the act in Connecticut, it is hardly necessary to point out that law- lessness of the terrorist type was in no way sanctioned by such intelligent and large-minded opponents of the Stamp Act as Ezra Stiles, William Samuel Johnson, Roger Sherman, and probably a majority of educated people, who preferred to follow the footsteps of these champions of popular rights that relied strictly upon a constitutional form of resistance. If, therefore, the words and actions of the supporters of the Stamp Act contrast more than favorably with those of the opponents of the same, it should in all fairness be remembered that 1 See Stephen Dowell, History of Taxation in England, II, 141-144. 2 See Townsend Ward, Insurrection of 1794 in the Western Counties of Pennsylvania (Pennsylvania Hist. Soc. Memoirs, VI) : also H. M. Bracken- ridge, History of the Western Insurrection. This similarity of the form of protest used in 1765 and in 1791 has not escaped the notice of Professor J. D. Bassett, The Federalist System, p. 106. OPPOSITION TO THE STAMP ACT 153 the rather slow-moving moderates were pushed aside by- radicals who insisted on dealing with the problem in hand according to their own peculiar notions as how best to settle a large question of state. On July 28, 1765, Jared IngersoU landed at Boston. He immediately sought the Bernard residence and spent the day closeted with the governor.^ The conference was undoubtedly held for the purpose of discussing the prob- lems sure to arise in connection with the enforcement of the Stamp Act. According to IngersoU, everything was quiet in Boston at the time of his arrival, and from in- formation that he then received from Connecticut he "had no Reason to expect any other than a Submission to the Act . . . tho much against the People's Inclina- tions. ' " The news of the home-coming of IngersoU aroused various conflicting emotions in Connecticut, although as early as May 24 information had reached the colony of his appointment as stamp distributor.' On the one hand, he was greeted by a crowd of would-be assistant stamp distributors burning with a solicitous desire to supply the people of each community with this novel stamped parchment. Even little Windham, a veritable hotbed of radicalism, furnished her candidate for this somewhat dubious honor in the person of the venerable Nathaniel Wales.* Charles Phelps of Stonington, John Coleman of Hartford, Daniel Lathrop of Norwich, and Andrew Adams of Litchfield wrote urgent letters to IngersoU im- 1 Governor Bernard to Biehard Jackson, August 7,. 1765, Bernard Let- ters, IV, 9. 2 Jared IngersoU to the Commissioners of Stamps, November 2, 1765; also, Jared IngersoU to Richard Jackson, November 3, 1765, IngersoU Stamp Act Corresp., pp. 40, 50-51. 3 Ezra Stiles Papers. 4 New Haven Col. Hist. Soe. Papers, IX ("Jared IngersoU Papers"), 325. 154 JAEED INGERSOLL pressing him with the fact that nothing would give them greater pleasure than to have the privilege of distribut- ing stamps in their respective townships.^ Adams 's let- ter was typical. "I should Esteem myself honoured [he wrote] to be thought Worthy your Service; and would Receive the Favour with Gratitude . . . and hope I shall be able to Convince you — as much as the Difference of station will admit, — how much I am your sincere Friend and Obedient Servant.'" On the other hand, a feeling of profound indignation was not slow in manifesting itself within the colony, both against the Stamp Act and the Connecticut stamp dis- tributor. IngersoU attributed this to the excitement caused by the Virginia Resolves, introduced by Patrick Henry in the House of Burgesses, May 30. He declared that Boston, which he had found quiet the latter part of July, was thrown into a flame when these resolves "took air. " As a consequence, this intense feeling soon spread to Connecticut.' What undoubtedly added acuteness to the situation was the fact that the colony was going through something of an economic crisis. In fact, it was very difficult for the colonial government to collect its taxes, "on account of the poverty of the people."* Al- though many delinquents were committed to jail, the tax iNew Haven Col. Hist. Soc. Papers, IX, 324-327. In the IngersoU papers there is a further list of applicants: "Hartford, Capt. [John] Laurence, Mr. Seymour; Windsor, Mr! Henry Allyn; Fairfield, Mr. Row- land," ibid., 327, footnote. 2 Andrew Adams to Jared IngersoU, August 15, 1765, ibid., IX, 327. Even so firm an opponent of the Stamp Act as William Samuel Johnson wrote to IngersoU on June 3, 1765, saying, ' ' If you propose to have a Subaltern in every Town, I shall be at your service for Stratford, if it be agreeable." Ibid., IX, 325. 3 Jared IngersoU to the Commissioners of Stamps, November 2, 1765 ; also Jared IngersoU to Bichard Jackson, November 3, 1765. IngersoU Stamp Act Corresp., pp. 40, 50-51. * Jared IngersoU to Thomas Whately. IngersoU declared, "I informed myself of these matters." IngersoU Stamp Act Corresp., p. 50. OPPOSITION TO THE STAMP ACT 155 arrears of the colony, by the end of 1765, amounted to some £80,000 in uncollected rates and taxes laid for call- ing in and sinking the bills of credit issued as the result of the Seven Years' War.V To the debtor class, thq thought of being required to assume additional burdens could only seem intolerable. As early as July the ques- tion was propounded through the columns of the Con- necticut Gazette, "whether Americans were going to allow themselves to be bondsmen";^ for the sad condi- tion of the colonials appealed to writers as strikingly analogous to the Israelites in bondage. ' ' The Egyptians paid dear for their oppression and the Israelites were removed from their government";^ these and other statements carried with them an almost pungent odor of disloyalty ten years before the actual outbreak of the Eevolution. In August, the Gazette, which was pub- lished in New Haven, in giving the list of persons appointed as distributors of stamps in America, signifi- cantly printed beside it certain "extracts of late intelli- gence from England," which read as follows: "I must take leave positively to declare that all measures preju- dicial to the interests of America, ever yet taken, have not only been proposed but even very warmly recom- mended by mean, mercenary Hirelings, Parricides among yourselves, who for a little filthy Lucre would at any time betray every Right, Liberty and Privilege of their fellow subjects."*:! 1 Ingersoll Stamp Act Corresp. The general financial and economic con- dition of Connecticut during the '60 's is treated in Chapter IX of this study. 2 " To the Public of Connecticut. The reigning question now is Whether Americans shall be Freemen or Slaves." Conneetiout Gazette, July 12, 1765 (special broadside insert). Even William Samuel Johnson of Stratford, an Anglican, was moved to say, when he heard of the Stamp Act, that "from this time date the Slavery of the Colonies." Itineraries of Ezra StUes, p. 587. s Ihid. 4 Connecticut Gazette, August 9, 1765, supplement. 156 JARED INGERSOLL To give cohesion, direction, and force to this spirit of resistance, there appeared among the northern colonies in the spring of 1765 a rather loose form of organization under the name of the "Sons of Liberty.'" It is said to have originated in eastern Connecticut and to have been especially fostered by that fiery agitator, Isaac Sears of New York.^ There is some irony in the fact that Inger- soU apparently furnished these agitators with their name, in transmitting to Connecticut early in the year his ver- sion of Barre's speech in which Americans were lauded as "sons of liberty.'" The members of the organization were pledged to take any step that might be necessary to prevent the enforcement of the Stamp Act. If the occa- sion so demanded, even violent means were to be resorted to, for above everything else, the law should be resisted to the last extremity. As a practical program they were not only to see that no stamps were employed, and at the first opportunity to seize and destroy them, but also to compel, by force, if need be, the resignation of all stamp oflScials. It was this group of Connecticut men, — said to have numbered, before the repeal of the Stamp Act, as many as ten thousand, under the leadership of that ro- mantic character, Colonel Israel Putnam of Pomfret, and possessed of a magazine of arms and ammunition,* — 1 See H. B. Dawson, The Sons of Liberty in New YorTc, for a discussion of this. 2 For Isaac Sears see Carl Becker, The Bistory of PoUticdl Parties in the Province of New YorTc, 1760-1776; also S. P. Way, "Notes on Isaac Sears," Sears Genealogy (1890). s "I believe I may claim the Honour of having been the Author of this Title [Sons of Liberty] however little personal Good I have got by it, having been the only Person, by what I can discover, who transmitted Mr. Barry's speech to America." Ingersoll Stamp Act Corresp., p. 16, footnote. *"By advices from Connecticut, Matters are carried to greater lengths than in any other province having allready provided themselves with a magazine for Arms, Ammunition, etc. and 10,000 men at the shortest warn- ing for opposing the Stamp Act, etc. all under the Command of a Connecti- OPPOSITION TO THE STAMP ACT 157 which, before many months, was to come into virtual control of the colony."^ Dr. Benjamin Gale, a man of patriotic tendencies andi yet an acute, frank, and independent critic, in a letter to Jared IngersoU, written from his home at Killingworth in Windham County, in the heart of the radical section of the colony,^ declared that the men who were identified with it were the offspring of ' * several factions which have subsisted in this Colony, originating with the New Lon- don Society,^ — ^thence metamorphisd into the Faction for paper Emissions on Loan, thence into the N. Light,^ into the Susquehannah and Delaware Factions,* — into 'Orthodoxy" — ^now into Stamp Duty opponents." The actors, he insisted, were the same, but that they suc- ceeded through each change in drawing in some new members.* While it is probably true that the Sons of cut' man called Col. Putnam." "The Journal of Capt. John Montressor," N. Y. HiBt. Soe. Coll. (1881), p. 355. 1 Dr. Gale was a graduate of Yale College of the class of 1733. In the Bevolution he favored the American side. 2 ' ' The New London Society of Trade and Commerce ' ' was established in 1730 for the purpose of promoting direct trade with Great Britain and the development, generally, of the commercial life of the colony, and for the encouragement of the fisheries. In 1732 it was incorporated, by the general assembly, with some eighty members. Loans upon mortgages were obtained from the public treasury and the capital employed in trade. Sev- eral vessels were buUt; to facilitate its work, the society emitted bills of credit or society notes. The government now became alarmed and the new money was denounced by the governor and council. In 1733 the general assembly dissolved the association. Conn. Col. Sec, VII, 390, 420, 449, 508; F. M. Canlkins, History of New London, pp. 242-244. 3 As has been explained in the first chapter, the New Lights were the emotional, evangelical wing of the Congregational communion. * This issue will be treated in Chapter XI. 5 Dr. Gale, who was a strong opponent of President Clap of Yale, was here making reference to the religious faction in the colony that supported the latter in his efforts to keep the Yale students uncontaminated by the liberal religious views espoused at the New Haven brick meeting house, presided over by Eev. Mr. Noyes. « Benjamin Gale to Jared IngersoU, The History Magazine, VI, 138-139. 158 JAEED INGERSOLL Liberty were largely made up of discontented elements always ready to fly in the face of any settled policy and correspondingly quick to embrace new and radical causes ; while as a class they could hardly have been called the special guardians of good and stable government, yet there were many men, such as Roger Sherman, who gave the movement their support, at least in the early stages, and who were incontestably devoted to law and order and to sober social control. Needless to say, Jared IngersoU was filled with amaze- ment to find himself suddenly enveloped in this bitterly hostile atmosphere. He had anticipated some opposition to the act, but had not expected that he personally would become the object of hostility. He found, early in August, the majority of people in such a tremor of excitement that they could not hear cahn, dispassionate statements of fact; and when it was discovered by some ingenious patriot that J. I. were also the initials of Judas Iscariot, the more religiously emotional found gloomy significance in the fact.^7 The first attack launched against IngersoU seems with- out doubt to have come from the pen of Naphtali Dag- gett, professor of divinity at Yale College.^ But the basis of this hostility of Professor Daggett toward Inger- 1 One writer, however, claimed to be above such common superstition. "I am not so Foolish as to think that because the first letters of his name are the same with that Traitor of old, Judas Iscariot, therefore, it is Ominous: But suppose Judas had pleaded that 'twas decreed in the Court of Heaven that our Saviour should suffer and that 'twas better for one of his Disciples to betray him than any other that so the Price of his Blood might be sav'd to his Priends; would that at all Expiate his Fault? No, by no means ! ' ' New London Gazette, September 27, 1765. 2 In the Ezra Stiles collection of newspapers (Yale University Library) there are opposite the "Cato" signature in the Connectioiit Gazette the written words, "Professor Daggett." See also the New London Gazette in the same collection for a similar statement. Both notations seem to be in the handwriting of President Stiles. OPPOSITION TO THE STAMP ACT 159 soil probably goes back as far as 1756, when the former, against the bitter opposition of the First Ecclesiastical Society, was appointed the first professor of divinity, as well as college preacher, at Yale College, an appointment which allowed President Clap to withdraw the students from the latitudinarian atmosphere spread by the soci- ety's pastor, the Eev. Mr. Noyes/ IngersoU, as was stated in an earlier chapter, was a leader at the brick meeting house and became very active in the controversy. Clap was accused not only of holding New Light views but also of corruption,^ and in 1763 Jared IngersoU and William Samuel Johnson appeared before the general assembly in support of a memorial to the effect that the colonial government, as founder of Yale College, should now assume the right to appoint visitors and to reform abuses. The general assembly, however, was in control of the New Light faction and upheld President Clap, who made an able defense of the college administration.* Therefore, in attacking IngersoU, Daggett was settling old scores.* 1 This is given full treatment in Edward B. Atwater's History of the City of New Haven, pp. 169-171, 482. 2 Dr. Benjamin Gale published three pamphlets against President Clap and his supporters, and in a letter to IngersoU claimed, in 1762, to have convinced the world that Clap was "an Assuming, Arbitrary, Designing Man; who under a Cloak of Zeal for Orthodoxy, design 'd to govern both Church & State, & Damn all who would not worship the Beast. ' ' Benjamin Gale to Jared IngersoU, August 9, 1762. New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 276. » Ibid. Also see William L. Kingsley, Yale College, A STcetch of its History, I, 90. * Eeferring to the attack against IngersoU made by Daggett, the writer "Civis" says, that this "however, well calculated to answer particular personal purposes, ' ' appeared to have a tendency only to inflame the public mind and not to enlighten. Connecticut Gazette, August 16, 1765. That the spirit of faction was running high in Yale College circles in 1765 seems to be shown by the records of a trial which took place in New Haven on August 27, before the superior court. On this occasion Elihu Hall, king 's attorney, presented ' ' William Nickells, Ralph Eomnay, WUliam 160 JAEED INGERSOLL The Connecticut stamp master, according to Professor Daggett's implication, had asked his indignant neighbors, "But had you not rather these duties should be collected by your brethren than by foreigners ? ' " To which Dag- gett, sheltering himself behind the nom de plume, ' ' Cato, replied, in the columns of the Connecticut Gazette: "No, vile miscreant! Indeed, we had not. That same rapa- cious and base spirit which prompted you to undertake the ignominious Task will urge you on to every Cruel and oppressive Measure. ..." But Jared IngersoU was not without loyal friends. The gauntlet was hardly thrown down when it was snatched up by one who, under the name " Philopolitus, " rivaled "Cato" in the violence of his language. "Cato's face," he wrote, "appeared through his veil and he, was the real enemy of his country in desiring a foreigner, rather than a brother, to execute the laws. But as either the Love or Hatred of such a conceited Upstart is not worth the Notice of any but his Fellow Fools, I shall say no more. ""J Adams of Stratford, Gershom Burr of Fairfield, Bichard Olcoek of New Tork and Balph Isaacs of New Haven, together with Thomas Kimberly and Simon Woodruff." They were charged with acting in a riotous man- ner "in the night season" of July 30, when they made an attack against "the College Mansion where the President and fellows lived." According to the records, they "with Evil Intent did with Strong hand burst and take off the gates of the yard of the mansion house and Carry away and with Screaming and Shouting did in furious Violence throw into said House Numbers of large small stones with Catties Horns into the windows of said House." The young men pleaded guilty and were fined amounts ranging from £8 to £10 apiece. Eecords of the Superior Court, vol. XV, New Haven session, under date August 27, 1765. In fact. President Clap so lost control of the situation that he was led to resign the presidency of the college. 1 Connecticut Gazette, August 9, 1765. " ^Ibid., August 16, 1765. "That piece . . . signed Cato seems to be wrote," declared "Seneca," also through the Gazette, "with the haughtiest airs, the greatest bitterness of temper. Baseness of Ill-Manners, and Oppo- sition of the Christian spirit of Any that has come to my Observation, oi'POSITION TO THE STAMP ACT 161 "Civis," in the same issue of the local paper, with a fine dignity remonstrated with "Cato." "I would ask the favour of the letter-writer to lay his hand on his heart, and ask himself whether the personal abuses he has dealt out so freely and so bitterly are becoming a Christian or Gentleman ; whether he has any Evidence to warrant such gross imputations to particular charac- ters?" He proceeded in justification of the Stamp Act to point out that Great Britain felt obliged to maintain along the frontier some seven thousand men to protect American interests from the lately subdued French. /The cost of this would be over £300,000, and, including the West Indies, America was expected to raise only £100,000 of this sum by stamps and other duties. On this basis it would take from Connecticut only about three or four thousand pounds. "Civis" then made clear that there would be no drainage of currency from America, that all sums raised in the colonies would be spent in the defense of America, besides the annual sum of £200,000 coming from England, which would be a benefit.^^ It must not be which at best is but a mere heap of Bombast of swelling blustering Nonsense. By which the Author — ^if he were known, would be ren- dered infamous and would become the Detestation of all serious People." As to IngersoU, "Seneca" asserted that he was "a Gentleman of known and real merits — a fine Patriot and Friend to his Country. ' ' Ibid., August 30, 1765. 1 The money, however, was, through orders issued from the Treasury Board, to be paid by the different distributors into the hands of the deputy- paymaster, who, in turn, would pay out the same, to the army. The reason for this procedure, according to IngersoU, was that it was thought to be unconstitutional to make any grants to the Crown payable anywhere "but in the Course of the Exchequer." IngersoU Stamp Act Corresp., p. 18, note. That which adds significance to this statement of "Civis" is the fact that he, according to the evidence presented below, was none other than Jared IngersoU himself, who was probably the best informed man in Amer- ica regarding the plans of the Treasury Board with respect to America. Chauncey Whittelsey, a shrewd business man, in writing to Ezra Stiles, April 16, 1765, expressed his fear, which seems to have been commonly held and which IngersoU combated, that the specie would be drained from the 162 JARED INGERSOLL forgotten that Great Britain was also burdening herself in carrying out a program of American defense. Eng- lishmen claimed that this program, when taken together "with the enormous expence which the mother country is at in the General Defence of the Kingdom occasions a taxation of themselves at least ten fold beyond what will fall on America and for that reason, if for no other, colonials would not with any colour of Reason be against bearing a small Part of the Common Burdens of the State.''! Moreover, there was a conviction regarding this matter of defense that the colonies, "if left to them- selves, will not exert themselves in an Equal and Propor- tionate manner, but while some (as appears from Expe- rience in the late war) are ready and willing to do Much, others will do little or Nothing; and that no power but country. He, however, added a most significant statement in remarking that in such a contingency the specie would not return unless there was "another American war." Itineraries of Ezra Stiles, p. 587. It may be asked what would bring the specie back in case of ' ' another American war," unless it were the coming of the regular troops? The Grenville program provided for this. Under title of "American Expedition," which is undated, Fane drew up a memorandum relating to the contract with Messrs. Thomlinson and Hanbury, financial agents for the Treasury. The question involved was whether or not to send money to America to provide for the expenses of four regiments, estimated at £103,701. "The Money, they think," said Fane, "may be procured there, but lest they should be disappointed they propose to send over in specie Months Subsistence, which they must buy up here. ... If they give here 4 s 9 d a Dollar and can buy it there at 4 s @ d the gain will be . . . 5 P ct. . . . This is according to the pres- ent Exchange, a War may alter the Exchange and then it will be more or less as Money is plenty or scarce. And even in that case Mr. Hanbury seems to think there will be no need to send any more Money over for the Troops, because as they make returns home from thence in specie, the merchants will much rather give their Money for good Bills of Exchange than run the Hazard of the Money and pay Freight and Insurance." Brit. Mus. Addit. MS. 33,030, fo. 334. This is very important as it shows that, at the 'time Fane prepared his memorandum, it cost 3d. less to buy a Spanish dollar in America than in London. The presence of the regiments would hardly do otherwise than benefit the American money market. OPPOSITION TO THE STAMP ACT 163 that of Parliament can enforce such Equitable and fair contribution of the whole ; this, they say, the Stamp Act will do, and, at the same time will lay the burden princi- pally upon Luxury, Law-Suits, etc. where it ought to fall."0 The"*'Civis" replies written at this period in defense of the Stamp Act and those that later appeared in the Pennsylvania Journal in defense of the special and newly created vice-admiralty courts seem to have been inspired by IngersoU, if not actually written by him. The senti- ments expressed, the air of authoritativeness with which information regarding Great Britain is presented, and the striking similarity of style with his acknowledged writings creates a very strong presumption, in itself, that they came from IngersoU 's own pen.^ The reply of "Civis" had the effect of chastening "Cato's" spirit. Apologizing for his previous violence, Cato now made a restatement of his position against the Connecticut stamp master. "If every American bravely refused to become instrumental in enslaving his country, it would have given all sensible and Free Britains an exalted Idea of our Patriotism and so would have been the most effective Means to influence them in our Favour. But, on the Contrary, when the Ministry saw how greed- ily some of those who has sustained the highest Character in the Colonies catched at the Bait, what must have been 1 Connecticut Gazette, August 16, 1765. 2 IngersoU 'a authorship of the ' ' Civis ' ' letters of this period is prac- tically advertised by the editor of the Connecticut Gazette, who made the following statement in his issue of August 23. ' ' The Printer of this Paper begs Leave to pospone a Critical Production signed ' Philologus, ' written against ' Philopolitus ' who lately appeared as a Defender of ' Civis. ' ' ' The articles of ' ' Civis ' ' and ' ' Philopolitus ' ' were in the same issue, which shows that the printer was not referring to the defense of the sentiments ex- pressed in the "Civis" article but had in mind the author of the latter. The entire "Philopolitus" communication was, in fact, a strong pro- IngersoU retort. " 164 JARED INGEESOLL their Sentiments? . . . However, neither the Sum to I raised nor the Pay of the Officers give us so much Uneas ness as the Manner of laying this Tax and the Strang Design they say it is to support ; namely, ' to Keep a Bod of Troops, viz., about 7000 Men upon the frontier c America to preserve the People from the Violence of th bordering Indians.' Truly, Mr. 'Civis,' we tremble i the Prospect of this.'"j[ "Civis," not to be outdone, again came to the defens of the measure. First of all, turning his attention t "Cato," he declared, "I would have his Heart warm s long as his Head is cool, on a subject so important as th Stamp Act. He supposes the Act being unconstitutions as a Matter determined . . . 'Tis doubtless a Princip] of the English Constitution that the People are not i be taxed but by their Representatives in Parliameni 'tis also as much a Principle that the People are nc bound by any laws but such as are made by their Consei in the same Manner. Perhaps we shall find, upon thes Principles, that the Parliament has no Authority ove us in any Case. This, I believe, would be proving a littl too much. . . . The favourite Col. Barre in that speec of his, delivered with so much Warmth in our Favou -said expressly that no man in his senses would deny tl I Authority of Parliament to tax America^ and he w£ pleased to add that he did not believe theTnore sensib' People of America thought otherwise. "J Then, takin up the general situation, "Civis" deprecatingly n marked, "Alas a perfect Frenzy seems to have seize the Mind of the People and renders them deaf to all Rea- son and Consideration. ... I wish we may not by our Imprudence precipitate ourselves into greater Troubles than that which the Stamp Act would occasion.'""^ 1 Connecticut Gazette, August 23, 1765. 2 Ibid., August 30, 1765. In August, likewise, IngersoU, under his own OPPOSITION TO THE STAMP ACT 165 A "frenzy" had, in fact, taken possession of rich and poor people of almost every type and description, not only in Connecticut, but elsewhere in America. The existence by August, 1765, of what psychologists might call a "mental wave of high tension," extending along the whole Atlantic seaboard and into the back country, is a fact that offers a field of study for the student of mass psychology, as interesting as that wave, which, under the name of the Great Awakening, had swept, in the form of religious emotionalism of an extreme type, through the colonies three decades before.^ The press, of course, took a most active part in stirring up resent- ment of an unthinking sort by giving greatest prominence to inflammatory denunciations and thus engulfing the more thoughtful contributions that came to them.^ In name, addressed the "Good People of Connecticut," assuring them that he did not intend to oppress them. This is printed in John Almon, Prior Documents, p. 12. Compare the language used above with reference to Colonel Barrfi with the statement in Ingersoll's letter to the general assembly which he wrote September 18. "Even Col. Barry who spoke so warmly in our favour said in his first general speech that he believed no man in that house would Deny the Authority of Parliament to tax America, and he was pleased to add, that he did not think the more sensible people in America would deny it." In other words, the connection between the "Civis" and the Ingersoll letters is not to be mistaken. 1 ' ' The whole country was thunderstruck. All Faces gather 'd Paleness, an unusual Panic seized the land at the gloomy Prospect of their destined Slavery. No particular Colony could know at first, how the neighboring ones would act; whether they would assert their Rights, or submit in Dis- pair to the grievous Yoke. Business stagnated and the Courts were shut up, But presently the British (no, the American) Spirit of Liberty was aroused; it catched from Breast to Breast, it ran; it flew thro' all the Colonies, like a Stream of Light from Heaven, surprising, uniting them in a most determined Opposition to the Stamp Act and that wretched State of Vassalage to which it was designed to reduce us." Connecticut Gazette, March 29, 1766. 2 John Hughes, in a letter to the commissioners of stamps, has the following to say: "But as a prelude to the destruction and disorder made by these mobs, the printers in each Colony, almost without exception, 166 JARED INGERSOLL an open letter to the public, IngersoU dealt with this sit- uation. "And here," he said, "I cannot but take notice how unwilling some News Writers seem to be to publish any thing that serves to inform the minds of the people of any matters which tend to abate their Prejudices. They even make use of some kind of Caution, I observe, to prevent the people from listening to any such cool and dispassionate dissertations and remarks which at any time they happen to publish, and, at the same time deal out their personal abuses in the most unrestrained man- ner, repeating, with pleasure, the accounts of the most extraordinary libellous exhibitions and practices.'" The results of this steady feeding of the flames of pas- sion were not slow in appearing. On August 15, 1765, Andrew Oliver, the Massachusetts stamp distributor, was forced to resign.^ In a letter to IngersoU he said that after having stood the attack thirty-six hours, "a single man against a whole People," he had been forced to yield.' James McEvers of New York, who seems to have been a leading merchant, received and accepted the appointment as distributor for that province. McEvers, stuffed their papers weekly for some time before with the most inflamma- tory pieces they could procure and excluded everything that tended to cool the minds of the people; these measures they pursued until the Presby- terians in particular, in every colony began to threaten the Stamp officers. ' ' John Hughes to the Commissioners of Stamps, October 12, 1766. Pennsyl- vania Journal. 1 Connecticut Gazette, September 13, 1765. Previous to this, on August 24, IngersoU had sent to the editor of the Gazette an "Advertisement . . . To the good People of Connecticut," in which he declared that he would in no wise force the stamps upon the public. "I cannot but wish you could think more how to get rid of the Stamp Act than of the Officers who are to supply you with the Paper and that you had learned more of the Nature of the Office before you had undertaken to be so very anxious at it." Ibid., August 30, 1765. 2 Ezra Stiles Papers. 3 Andrew Oliver to Jared IngersoU, August 26, 1765, New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 308. OPPOSITION TO THE STAMP ACT 167 however, was forced out of office August 22.' He in- formed IngersoU that when he accepted the post there was little or no clamor about it ; but when the news spread of Oliver's treatment at Boston and the "Cato" letter from New Haven had been published in the New York Gazette,^ the agitation commenced. He was threatened, he said, with a fate worse than Oliver's, and therefore wrote out his resignation "& have Been Inform 'd you have Done the Same ; ... if you have not should be Glad to Know how you Purpose to Act, as it may be some Government to me in Case I Can't Procure a Release.'" Soon after IngersoU had received this letter, there came the news also of the resignation of Augustus Johnson, t|ie Rhode Island distributor.* IngersoU now reaUzed how uncomfortable his situation was. Although he had experienced no violence, as yet, i^evertheless the temper of the radical group was reach- ing a high pitch. * 'A Friend of the Public and no Enemy of the Stamp Act," through the columns of the Gazette, predicted that "if the Assembly shall think it necessary and prudent ... to submit to it [the Stamp Act] and to practice upon it, I conclude every Member of the House who is of that Sentiment will be voted an Enemy of Ms Country by the Mob, be burnt in EflSgy and stowed away with the Stamp Officers."^ Terror, in fact, struck into the hearts of timid supporters of the home government. Nathaniel Wales of Windham, who had solicited from 1 Ezra Stiles Papers; Connecticut Gazette, August 30, 1765. 2 The ' ' Cato ' ' article appeared in the August 22 issue of the New York Gazette. 3 James McEvers to Jared IngersoU, August 26, 1765, New Haven Col. Hist. Soe. Papers, IX ("Jared IngersoU Papers"), 328-329. * On August 27 Johnston was burned in effigy at Newport and on the thirtieth he resigned. Ezra Stiles Papers; Connecticut Gazette, September 6, 1765. Eegarding the significance of the violence at Ne\\'port see Itinera- ries of Ezra Stiles, p. 588. B Connecticut Gazette, August 23, 1765. 168 JARED INGERSOLL IngersoU the office of assistant distributor of stamps, wrote to the stamp master, August 19, to the effect that he had first written "without much Consideration and while matters were much indigested," both in his own and other people 's minds. He asserted that a thousand pounds annexed to the trust would not tempt him to act as assistant stamp distributor/ There was every reason why Wales should feel as he did, for on August 21 IngersoU was burned in effigy at Norwich, and the following day the proceeding was re- peated at New London.' The ceremony at the latter place was elaborate and carried out with great care for all details. At six o'clock in the evening there was ex- hibited on a gallows erected in the most public part of the town, the effigy of the stamp master, "with a Boot placed a little back of his right shoulder wherein was concealed a young Imp of the D 1 peeping out of the same in ord«r to whisper in his ear. ' " On the breast of 1 Nathaniel Wales to Jared IngersoU, August 19, 1765. New Haven Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 325-326. It appears, according to Almon, that IngersoU had designated Wales as one of the assistant distributors and requested him to come to New Haven to get his commission. The inhabitants of Windham, hearing of the letter, surrounded his house, and not only demanded the letter, but warned him not to accept office, "which so terrified him that the very same post he sent back an absolute refusal of taking the charge upon him." Trior Documents, p. 12. 2 The Boston Post expressed it rather ambiguously in saying that on August 22, the stamp master both at Norwich and at New London "was hung in eflfigy and afterwards burnt amidst the shouts and acclamations of a great number of persons." Connecticut Oagette, August 30, 1765; F. M. Caulkins, History of Norwich, p. 365. 3 It is interesting to notice that the New London radicals, as in many other ways, imitated the performances of the Boston agitators by employing the device of the boot and the whispering imp. This emphasizes the con- tagious character of the movement, the contagious effect of example, which tended to exclude a rational basis for action. General Conway, who had spoken against the Stamp Act in parliament, early in 1765, and who entered the ministry, as reorganized during the summer, in a letter to the governor and company of the Colony of Connect!- OPPOSITION TO THE STAMP ACT 169 the effigy was a copy of the Stamp Act and an inscription in praise of liberty. When the crowd had assembled, the effigy was pulled from the gallows, mounted on a pole and carried through the main street, "attended by the people of all Professions and Denominations," with music, the firing of guns, the beating of drums, and the acclamations of the crowd. After "arriving at the place of Assignation, a Halter was placed around the neck of the Effigy which was again suspended in the air, on a gallows, and a bonfire being erected under it, the same was consumed. During this exhibition the guns on the Battery were repeatedly discharged, and even the chil- dren cried, 'THERE HANGS A TRAITOR, THERE'S AN ENEMY OF HIS COUNTRY,' etc., after which the Mobility, Gentry, etc. dispersed to different Taverns, and after drinking some royal Toasts, the whole was con- cluded with great Decorum.'"^ In a discourse delivered at the gallows, the speaker "kept alluding to Pitt as the Moses and the St — ^pm — ^n as the Beast that Lord Bute set up in this Colony to be worshipped." He went on to declare, "Go, one and all, go to such a man, and make him sensible of his error . . . and if he is in any post that unjustly grinds the face of the poor or that contributes to your slavery ask him peaceably to resign it, and if he refuses to, use him in such a manner, that he will be glad to do anything for a quiet life. For Britons never must be slaves. And, as we read that 'he which being often reproved, hardeneth cut, said, "It is hoped and expected that this want of confidence in the Justice and Tenderness of the Mother Country and this open Eesistance to its Authority can only have found Place among the lower and more ignorant of the People." Dated October 24, 1765. Fitch Papers. While Conway was mistaken regarding the character of the opposition, it may, nevertheless, be suggested that such an exhibition as that at Lyme would make its appeal fundamentally to that element of the population. 1 Connecticut Gazette, August 30, 1765. 170 JAEED INGERSOLL his neck shall suddenly be destroyed, and that without remedy!' Therefore take care of Mr. St — ^pm — n, alias the molten calf.'" On August 26, both at Windham and at Lebanon, the effigy ceremony was reenacted.^ At Lebanon, the home of Jonathan Trumbull, effigies of Ingersoll and the Devil were bundled into a cart, taken to trial, found guilty and "miserably executed," amidst the wild plaudits of the onlookers.^ On that same day a Boston mob wrecked the home of Lieutenant Governor Hutchinson and de- stroyed other property. The proceedings at Lyme, Con- necticut, on the twenty-ninth, were characterized by such studied efforts to work the people into a state of blind fury that it will be necessary to give some account of them, in order to show the character of the forces that were arrayed against the Connecticut stamp distributor. These proceedings were called the "Tryal of J — d Stampman, Esq., before the Proctors of Liberty." The accusations against him were, ' ' That not having the fear of God before his eyes, but being moved thereto by the instigation of the Devil, he did, on the 29th of Sept., 1764, Kill and murther one of his own Bretheren, of the same family to which he belonged; and that still further pur- suing his wicked designs, he did, on the first of June, 1765, enter into a Confederacy with some other evil minded, wicked, and malicious persons, to kill and destroy his own mother, Americana, . . . And urged on by Satan with the warmest Zeal to perpetrate this wicked Crime, he by the help of those designing Persons, in Confederacy with him, obtained a weapon wherewith to commit the horrid Fact. The Weapon he obtain'd was called a 1 See anonymous pamphlet, Liberty and Property Vindicated and the St — pm — n burnt (1765), which is ascribed to Benjamin Church. 2 Ezra Stiles Papers; Connecticut Gazette, August 30, 1765; New Lon- don Gazette, August 30, 1765. sibid. OPPOSITION TO THE STAMP ACT 171 Stamp, whicli came from an ancient and lately Bute-fied Seat in Europe : "With this Weapon his intent was on the 1st of Nov. following, to have Stamp 'd his languishing Mother till she becoming unable to resist, and incapable of supporting the Grievous Burthen; should expire." The counsel for the defense, which was "Scroggs and Jeffries," urged that the person murdered September 29, 1764, was not his brother "but a Servant of his Fath- er's Family, and that the pride of his Heart had prompted him to take many unjust Measures to raise his Fortune above the proper bounds of his station in Life. " As to the part of the indictment charging him with a design against his mother, Americana, it was urged in defense that "as her fate was absolutely determin'd, and could not possibly be avoided, he had good right himself to be the Executioner, since he should by that means save 8 per c't out of her Estate, to himself, (which probably would be a living worth 5 or 600 per ann.) which might as well be put into his Pocket as another's." Upon ma- ture deliberation the court found the prisoner guilty, and gave sentence against him, "That he should be forth- with tied to the tail of a Cart, and drawn thro' all the principal streets in Town, and at every Corner and be- fore every House should be publicly Whip 'd ; and should be then drawn to a Gallows erected at least 50 feet high, and be there hanged till he should be dead, and then cut down by the common Hangman, and buried at the meet- ing of three Roads and a Monument erected over him, shewing the Cause of his ignominious Death, that the infamy of his Crime might be perpetuated to after Gen- erations." The sentence was thereupon put into execu- tion.M Such demonstrations as these cannot but impress one with the feeling that the people concerned in them, prob- 1 New London Gazette, September 6, 1765. 172 JARED INaERSOLL ably kindly and generous-hearted enough under ordinary conditions, were so caught in the swirlof this tidal wave of apprehension and resentment sweeping the country, that they lost the power of using rational means in de- fense of their cause, and sank back to the mental levels of the emotional primitive. On the tenth of September George Meserve, the New Hampshire distributor, was frightened into a resigna- tion. Jeremiah Miller of New London wrote a letter of warning to IngersoU, also on the tenth. * ' I really believe, ' ' he said, "that your Person and Estate will be greatly endangered if you continue in this office"; Miller also informed him that the people were in a great rage against the governor for not calling the assembly, and he hoped that Ingersoll would use his interest that it might be done.^ While no effigy was prepared by New Haven people, it would appear from the New London Gazette' that one evening a crowd gathered about Ingersoll 's home, and demanded that he should resign, threatening to tear down the building should he attempt to act. He told them of his inability to resign until the colonial govern- ment had taken some stand in the matter, and promised either to keep the stamps out of the colony or, should the parchments be sent to his home, to throw open the doors to the public so that the people might make a bon- fire of them, if that continued to be their demand. This promise seems to have satisfied them. However, at West Haven, on the night of the tenth, there appeared "a horrible Monster, or Male Giant, twelve Feet high, whose terrible Head was internally 1 Jeremiah Miller to Jared Ingersoll, September 10, 1765, New Haven Col. Hist. Soc. Papers, IX ("Jared Ingersoll Papers"), 330-331. 2 New London Gazette, September 6, 1765; Jolm Almon, Prior Docu- ments, p. 13. OPPOSITION TO THE STAMP ACT 173 illuminated. He was mounted on a generous Horse groaning under the enormous Weight. This Giant seemed to threaten Destruction to every Person or Thing around him, which raised the resentment of a Number of stout Fellows, who constantly pelted him with Stones till he fled. The Assailants pursued and soon took him Captive, and triumphantly drove him about a Mile in the Town, attended with the discordant Noise of Drums, Fiddles, and taunting Huzzas. The People then directed their Course toward a Hill called Mount Misery. There the Giant was accused, fairly tried and Condemned by a special Jury and Impartial Judge as an unjust Intruder, a Patron of Ignorance, a Foe of Eng- lish Freedom, etc. and was sentenced to be burnt. The Sentence was accordingly executed, amidst the joyful Acclamations, of near three Hundred Libertines, Men, Women and Children. It should be mentioned that, through the whole of this Raree show, no unlawful Dis- order happened, as was the Case in the last truly de- plorable and truly detestable Eiot in Boston.'" For months Governor Fitch had resisted the demands of the radicals that a special session of the general assem- bly be called in order to decide whether or not Connecti- cut should send delegates to the Stamp Act congress, which was to assemble in October in New York. Fitch, unable longer to delay matters with safety to himself and property, now gave way and issued an order for a gath- ering of deputies at Hartford on September 19. Inger- soll personally was gratified to hear of the special ses- sion, for he felt, as things became more and more critical, that it was imperative for him to find out, as soon as possible, the attitude of the Connecticut government toward the enforcement of the Stamp Act. However, until there was a decision in favor of the act, he was not 1 Connecticut Gazette, September 13, 1765. 174 JARED INGERSOLL at all disposed to admit into the colony for bonfire pur- poses any of the stamped parchments. He therefore wrote to Lieutenant Governor Golden^ of New York, requesting him to hold in New York, until further notice, all stamped paper designed for Connecticut.^ He also, once again, appealed to the people of the colony, through the Gazette, to be calm; they could be assured, he wrote, that he would not serve against their wishes ; the assem- bly should decide whether or not the act was to be obeyed; in closing this exhortation, he declared with fervor, "I believe you will have very different Senti- ments a few Months hence of who are the true Friends and who the Enemies of their Country.'" But, in spite of this conciliatory statement, he did not hesitate, a week later, to come strongly to the defense of the unfortunate McEvers of New York, who had been appointed dis- tributor of stamps without his own knowledge, through the recommendation of Alderman Barlow Trecothick of London, who was the leader of the London merchants in opposition to the passage of the Stamp Act.* Also, at 1 Golden was in charge until November 14, when Governor Moore arrived from England. 2 Governor Fitch also advised Ingersoll not to bring the stamps into the colony because there was no "strong place." . IngersolH Stamp Act Corresp., p. 58. 3 Connecticut Gazette, September 6, 1765. In the issue of August 30, Ingersoll had appealed to "the Good People of Connecticut." A writer in the New London Gazette replied to Ingersoll 's published statements. "Mr. Ingersoll in his Letter . . . with an Air of Insult seems to signify that 'tis thro' Ignorance the people of this Colony have made such a Stir at the Appearance of the Stamp Act. If the Gentleman had charged his Country with Ignorance and Tolly for the Trust they reposed in him to Act on their Behalf at the Court of Great Britain, I should have readily joined with him." See the issue of September 27; also the reply by Tom Touchit, "a Friend of Liberty," in the New York Gazette, September 19, 1765. A correspondent of the New York Gazette, in the same issue, denomi- nated Ingersoll 's contributions to the newspapers as ' ' all fallacious, insidi- ous, and deserving the highest resentment of his country." * Connecticut Gazette, September 13, 1765. OPPOSITION TO THE STAMP ACT 175 a meeting of freemen held at New Haven, on September 17, he showed his courage. When called upon to resign immediately, he refused and defended his position in a vigorous speech, in which he emphasized the fact that the general assembly of the colony at its May session had not been averse to the enforcement of the Stamp Act,^ and for that reason, it was quite necessary for him, be- fore deciding upon any course of action, to ascertain the will of the approaching assembly, which was called to meet in special session at Hartford. His position upon this point was sound, especially in the light of the con- servative tendencies displayed by the Connecticut gov- ernment during the summer months, when the Massa- chusetts assembly, through a circular letter of June 8, to all the colonial governments, was striving for the call- ing of a colonial congress.^ The freemen, it appears, subdued by Ingersoll's logic, eloquence, and determina- tion, adjourned without taking any further steps against him, after having appointed Eoger Sherman>^nd Samuel Bishop as deputies to the general assembly.* I For some unknown reason, the Connecticut Sons of Liberty were slow in attempting to carry out the plan 1 Jared IngersoU to Thomas Whately, November 2, 1765, Ingersoll Stamp Act Corresp., p. 45. "In May, 1765, the Assembly was not dis- posed to refuse to sanction the operation of the Stamp Act in Connecticut but a new election taking place about one-half of the members of the October session were new members and generally such as were warm against the Stamp Act." "Boston Evening Post, August 26, 1765, for a copy of the letter. 3 The Connecticut Gazette of September 20, in its account of this meet- ing/says, "The Stamp Master General of this Colony was at the said meet- ing where these words were read aloud, 'Likewise voted, that the Freemen present earnestly desire Mr. Ingersoll to resign his Stamp Office imme- diately.' Numerous were the signs of Consent to this vote, when a Gentle- man condemned it as needless and inconsistent after their former Proceed- ings. The Stamp Officer then arose and declared in the strongest terms that he would NOT resign till he discovered how the General Assembly was inclined in that respect." 176 JARED INGEESOLL they seem to have devised in August for putting an end to the office of stamp distributor for the colony. How- ever, the news of the special session seems to have brought them to a resolve to compel Ingersoll to follow in the footsteps of Oliver, McEvers, Johnston, and Meserve, in resigning, thus relieving the general assem- bly of the weighty responsibility of taking any official step against the act. By the middle of September well- confirmed reports came to Ingersoll that there were gath- ering in eastern Connecticut at certain points bands of men who were making ready to march upon New Haven. It would appear that this news brought about a decided reaction in the town in favor of the stout-hearted stamp masterrj His position on the matter of enforcement had been such as to do away with considerable prejudice. Moreover, the more law-abiding elements resented the idea of having the town invaded by men "from the east- ern parts," with lawless designs. /The more "loyal" people even began gathering arms in the determination that their fellow townsmen should be defended./ The local militia also seemed disposed to put down any attempts at disorder.^ New Haven, in spite of the pre- vious gathering about Ingersoll 's home, was in a con- servative mood, and it is not unlikely that there would 1 Ingersoll Stamp Act Corresp., p. 62. Ingersoll declared that ' ' there would be most likely opposition to their Design and probably by the militia." Connecticut Gazette, September 27, 1765. In fact, as early as September 6 "the civU Authority, Select Men, and a Considerable Number of the principal Gentlemen and Inhabitants of the Town of New Haven, being occasionally met at the Court House" were informed that a considerable number of persons ' ' from some of the Neigh- boring Towns" were expected to gather there and in conjunction with some of the inhabitants show their resentment against Ingersoll. "Whereupon the Gentlemen present unanimously declared their dislike and disapproba- tion of any such Proceedings, as being of dangerous Tendency;, and re- solved to use their Endeavors to discourage and prevent any such Riotous Assemblys, and would advise the People of this Town not to be concern 'd therein." Ibid., September 13, 1765. OPPOSITION TO THE STAMP ACT 177 have been bloodshed if any such violent measures had been attempted in New Haven as were carried out in Boston. ^ On the seventeenth of September, Governor Fitch ar- rived in New Haven on his way to the general assembly, which was to sit in Hartford. Ingersoll thereupon not only delivered to him written information which ac- quainted him with the intelligence just received from the eastern part of the colony, but also requested his aid in as far as the emergency demanded it^ The two men were firm friends, and it is unnecessary to say that Fitch felt disposed to do everything within his power to aid Inger- soll at this juncture. Yet there was very little that Fitch could do, for a Connecticut colonial governor had scant power except as the instrument for putting into effect the will of the general assembly.^ It was agreed, how- ever, that the bands must be diverted from their purpose of entering New Haven, and there was no better way to accomplish this than for the stamp master to go to Hart- ford, where he would be able to meet the assembly.^ On the morning of the eighteenth, Ingersoll set out with Fitch and certain members of the assembly. For eighteen miles the group rode along the Hartford road without disturbance. There then appeared two horse- men "with pretty long and large new made white Staves in their Hands. ' ' These proved to be the advanced guard i"A Governor in this Colony, you know, has no Negative to any Act of the Assembly, nor can he exercise scarce any Power, but as the Assembly gives him Leave." Jared Ingersoll to Thomas Whately, November 2, 1765, Ingersoll Stamp Act Corresp., p. 46. 2 There was a general impression abroad that Ingersoll was afraid to trust himself outside of the limits of New Haven, as the following pub- lished item shows: "But we are credibly informed that the said stampman is not now so entirely void of remorse of Conscience as has been Eeported; and that he now thinks proper to keep a bright look-out, not choosing to go out of Town on any Account, notwithstanding some late Assertions to the Contrary." New London Gasette, September 6, 1765. 178 JARED INGERSOLL for one of the main bands of the Sons of Liberty, sent out to reconnoiter and see who would join themr^ While the remainder of the party rode on to Bishop's tavern "at the Stone House [Meriden]," IngersoU stopped short to ask the strangers if he were not the man they were "m pursuit of." When they answered in the affirmative, Jie told them that he was not disposed to avoid a meeting with "the People." Nevertheless, he asked the riders to accompany him to the tavern in order that they might together confer with the governor. One of the two con- sented to do so, while the otlier went on about his mission of beating up recruits.^ ^ In the conference that ensued at the tavern, the stranger frankly informed the governor as to the purpose of this march upon New Haven. When the latter solemnly charged him to go back to his fellows with a message to disperse immediately and return home, the bold spirit replied to this mandate by saying that the project was looked upon as the cause of the people, and he further assured his excellency that "they did not intend to take Directions about it from any Body. ' " He was not, how- ever, averse to disclosing the fact that the Sons of Liberty were coming from the eastern parts in three divi- sions with eight days' rations in their saddlebags. One of these, starting from Windham, was approaching by way of Hartford, gathering recruits along the way; to 1 Connecticut Gazette, September 27, 1765 ; IngersoU Stamp Act Corresp., pp. 61-62. "The direct road from New Haven to Hartford (a part of what was known as the Old Colony Eoad to Boston) passed through Meri- den, Berlin, and the western part of Wethersfleld (now Newington) ; and what was universally known as 'the Old Stone House' was on the Beleher Farm in the present city of Meriden." New Haven Col. Hist. Soc. Papers, IX, 344, footnote. 2 "The Governor did all he could to prevent the extremes that have happened, but you know he has little power as Governor." Jared Inger- soU to Eichard Jackson, November 3, 1765, IngersoU Stamp Act Corresp., p. 44. OPPOSITION TO THE STAMP ACT 179 this band he himself belonged; another division, start- ing from Norwich, was approaching New Haven by way of Haddam ; while a third, from New London, was moving westward through the towns along the Sound. Bran- ford was to be the general rendezvous, whence on the morning of the twentieth it was planned that the force should enter New Haven, which was close at hand.^ When Ingersoll understood that two other bodies of riders, besides the one approaching from Hartford, were moving toward New Haven, he immediately wrote to each a letter for the purpose of checking them, in which he de- clared that he would certainly give up his office if he found it generally disagreeable to the people; he also agreed to meet them in Hartford, if this promise did not satisfy them.^ After dispatching a Son of Liberty with these messages, he took the precaution to send the proprietor of the tavern posthaste to New Haven with a letter to his family "that they and my house might be put in a proper state of defence and security, in case the peo- ple should persist in their first design.'" When those labors were finished, it was so late that he determined to tarry for the night at the tavern. Meanwhile, the gov- ernor, bearing a letter which Ingersoll had addressed to the general assembly, rode on with the assemblymen, in order to be at Hartford at the time set for the opening of the general assembly the next day. The Windham-Hartford ha^nd soon received the intelli- gence that Ingersoll was on the way to Hartford "to apply to the Assembly for their protection,'" and the determination was reached that he should not be allowed to appear before that body until the Sons of Liberty had 1 Hartford correspondence of September 23, to the New Torlc Gazette, September 26, 1765. 2 Connecticut Gasette, September 27, 1765. 8 Hartford correspondence of September 23, to the New Torlc Gazette, September 26, 1765. 180 JARED INGERSOLL settled with him. As a precaution, one gtiard was placed around the state house at Hartford, where the legislature was to meet, and another stood in front of IngersoU s "usual lodgings," when in that town. The stone bridge on the road from Wethersfield and the approaches by- way of the road from Farmington were also made secure. With this accomplished, early on the morning of the nine- teenth, the main body of Windham-Hartford men rode forward in search of their victim.! About seven o 'clock IngersoU, accompanied by Bishop, the tavern keeper, started for Hartford. The two soon overtook Major Elihu Hall of Wallingford, who was on his way to the assembly, as one of the deputies.^ The three rode without incident until, within two or three miles of the town of Wethersfield, they perceived four ad- vancing horsemen. When IngersoU acknowledged his identity, they wheeled about and attached themselves to the stamp master and his acquaintances. About half a mile farther on there appeared a group of some thirty riders, who Ukewise fell in behind the Hartford party, and shortly after this the main body of the Sons of Liberty were seen advancing in a truly imposing array.^ Three trumpeters were in the lead ; then came two digni- taries of military rank dressed in red, and wearing "laced hats," and behind them a cavalcade of about five hundred moving along two abreast, each carrying in military fashion a "stout clean-shaven, willow wand." The uniforms of some betrayed the fact that they were miUtia officers. Without uttering a word, the squadron wheeled about and just as silently escorted IngersoU to an immense elm 1 Major Hall had preceded IngersoU as king's attorney of New Haven County, and was at this time acting in that capacity. See Chapter II. 2 According to the Hartford correspondent to the New York Gazette the main body met IngersoU "at the lower end of Wethersfield." New York Gazette, September 26, 1765. OPPOSITION TO THE STAMP ACT 181 at the lower end of Wethersfield wMch. stood in front of the mansion of Colonel Chester.^ The plan, apparently, was to take him into a house and there come to an under- standing agreeable to the Sons of Liberty. Objection was raised to this, with the result that a great circle was formed with IngersoU, Major Hall, Bishop, and two or three of the leaders in the center. IngersoU started to address his audience, but stopped, declaring that he did not know why he should say anything, for he was not cer- tain what they wanted of him. They then told him that they wanted his resignation. He replied that he had al- ready declared that he would not exercise the office against the general inclination of the people, and that he had given orders to have the stamped paper held at New York, where it should remain until he was able to learn from the assembly that it was their desire to have it come. He reminded them that he was under bonds to the stamp office in England and he therefore did not think it either safe or proper to resign the office "to every one that should ask it" and that he only wished to get the sense of the government whether or not to conform to the act in order to get dismissed from his office properly. It had been asserted that the assembly would say nothing about the matter ; in that ease, the speaker said, he would hardly think it safe to suffer stamps to come into the colony or to take any steps in his office. Moreover, as to resignation, the governor had the power to appoint another distributor.7 1 Henry E. Stiles, The History of Ancient Weihersfleld, Connecticut, I, 416. "Mr. IngersoU 'a escort appears to have turned to the right hand after leaving Berlin (to give time for the Assembly to convene), and passed through Wethersfield village, halting to carry out their design on the west side of Broad Street, in front of Colonel John Chester's house under an elm tree which has disappeared only within the last half -century. ' ' New Haven Col. Hist. Soc. Papers, IX ("Jared IngersoU Papers"), 344- 345, footnote. 182 JARED INaERSOLL In reply to this expressed desire of IngersoU to gather the sense of the government came the answer, "Here is the sense of the government, and no man shall exercise that office." IngersoU thereupon asked if they thought it was fair that the counties of Windham and New Lon- don should dictate to all the rest of the colony. Upon this one of the band said, "It don't signify to parly— here is a great many People waiting and you must resign. IngersoU retorted that he didn't think it proper to re- sign until he met one authorized to ask it of him, and then added: "What if I won't resign? what wiU be the Consequence?" Some one said, "Your Fate." Inger- soU turned upon him, looked him fuU in the face and said, with some warmth, "My Fate, you say." Upon which ,a person just behind said, "The Fate of your Office." IngersoU was in a fighting mood and answered that he could die and perhaps as well now as another time ; that he could die but once. At this point, the commandant, who was Major John Durkee of Bean Hill, near Norwich, a veteran of the French and Indian War,^ suggested that the matter would be concluded at a near-by tavern a few rods north of the Chester home. The crowd then moved along until opposite the hostelry and the riders began to dismount. IngersoU thereupon declared to them, "You can soon tell what you intend to — ^my business is at Hartford — ^may I go there or Home ? ' ' and made a motion to go. The re- ply was, "You shan't go two Rods from this Spot, before you have resigned," and his bridle was seized. Seeing that nothing could be accomplished by remaining in the 1 According to David Humphrey, Colonel Israel Putnam was to have had command of this expedition, but owing to an accident his place was taken by Captain Durkee. See his Life of Israel Putnam. The latter later participated in the battles of Long Island, Harlem Heights, White Plains, Trenton, and Monmouth; he also was in Wyoming Valley and served under General Sullivan against the Iroquois. OPPOSITION TO THE STAMP ACT 183 saddle, IngersoU dismounted and went into the tavern, accompanied by the "committee" of the Sons of Liberty, who were — besides Major Durkee — John Burrows and Jonathan Sturgis of Fairfield and Captain Hugh Ledlie of Windham. It was possible now for IngersoU to talk over matters generally with these representatives of the popular side. First of all, he disabused their minds of the idea that he was in England when the first leading vote of parliament was passed regarding the Stamp Act and failed to advise the governor regarding the same.^ The strength of char- acter displayed by the stamp master evidently overawed these men, who treated him not only with "moderation and civility," but were even inclined to accept certain proposals which he made. When these, however, were referred to the people who crowded the streets, they were rejected — ^nothing would do but an absolute resignation. While IngersoU was being detained in the tavern, sev- eral members of the general assembly happened to pass by on their way to Hartford. IngersoU saw them from the window and hailed them, calling out that he was being held a prisoner and asked their assistance and that of the assembly to effect his release. The assemblymen halted and began to remonstrate with the Sons of Liberty, who treated them with as scant respect as they had treated the governor the day before, telling these lawmakers that they had better go along to the assembly "where they might possibly be wanted." As there was nothing to be done, the assemblymen took the hint and were accom- panied to Hartford by IngersoU 's companions, Major Elihu Hall and the tavern keeper. The latter carried a message at the stamp master's request to the governor and assembly. 1 IngersoU, of course, was in Connecticut at the time, waiting for the mast ship which was to convey his white pine masts to England. 184 JAEED INGEBSOLL IngersoU now made, other fruitless proposals. The committee then informed him that he must bring the mat- ter to a conclusion, threatening to carry him to Windham as a prisoner. In reply, the stamp distributor expressed his willingness to go. As this was not what they wanted, they resorted to other tactics. He was warned to keep away from the front window, as the sight of him enraged the people ; now and again the populace would even burst into the tavern room in great numbers, "look pretty fierce" at him, and upon the desire of the committee with- draw. 7This sort of thing went on for three hours. The committee then frankly informed IngersoU that certain of their sympathizers in the general assembly had told them that the matter must be concluded before the assem- bly could take any action; they accused him of artifice and of wheedling so as to get the assembly ensnared. At that stage of the discussion. Major Durkee entered the room and with much concern told him that he was unable longer to keep the people from him, and that, if they once began, he could not promise where they would end. It was high time to submit, and IngersoU, thereupon, went to the front window and made known to the crowd below that he would comply with their desires and would sign whatever paper was drawn up. He then set to work and drafted a statement regarding his resignation, but this was rejected in favor of one prepared by the committee, which, when completed, IngersoU signed.^ He was then informed that the people insisted on his swearing never to execute the duties connected with the office. This IngersoU peremptorily refused to submit to on the ground that it would be a profanation of an oath and, before the 1 The resignation declaration reads as follows : " I do hereby promise that I never will receive any stamped Paper which may arrive from Europe in Consequence of an Act lately passed in the Parliament of Great Britain; nor officiate as Stamp Master or Distributor OPPOSITION TO THE STAMP ACT 185 people could come to a decision in the matter, he left the tavern and entered the street in the midst of them. Mounting a chair, removing his hat and beckoning silence, IngersoU then read the signed declaration and after- wards addressed them in a short speech in which he told them that in some measure he could excuse them, for he believed they were actuated by a real, though, he feared, a misguided zeal for the good of their country. He added that he wished the transactions of that day might prove happy for the colony, though he confessed that he very much feared the contrary. Then, upon being requested, he gave "Liberty and Property, with three cheers," throwing his hat into the air in the conventional man- ner, — all of which was greeted with loud huzzas; many now crowded about the chair to grasp the hand of the ex-distributor of stamps and to tell him that he was re- stored to their friendship. These protestations were cemented at a dinner in a near-by house. Meanwhile, the general assembly had been notified of the riotous proceedings at Wethersfield. A discussion at once took place as to the best policy to pursue under the circumstances. The lower house came to the conclusion that it would do more harm than good to send a force to the relief of the stamp distributor. At last it was decided that a group of influential men should go to Wethersfield and try the power of persuasion. This easy solution was accepted by the upper house and the delegation was about to set out when the news arrived that "the matter" had been amicably settled. of Stamps within the Colony of Connecticut either directly or indirectly. And I do hereby notify to all the inhabitants of his Majesty's Colony of Connecticut (notwithstanding that the same ofSce or trust has been com- mitted to me) not to apply to me ever after for any stamped Paper, hereby declaring that I do resign the said office and execute these presents of my own free will and accord without any equivocation or mental reservation." This is printed in the Conneoticut Gazette, September 27, 1765. 186 JARED INGEESOLL But the incident was not ended. IngersoU was in- formed, when he had dined, that the Sons of Liberty- would accompany him to Hartford in order to be present when he read his declaration before the general assem- bly. By this time, it would appear that the Norwich and New London bands had joined the Windham-Hartford band at Wethersfield, for the number of horsemen which started for Hartford was estimated at about a thousand.^ This journey seems to have been a good deal of a frolic. The story has been handed down that the ex-distributor of stamps, who was riding in advance on a white horse, cleverly retorted, when asked how he felt to find himself attended by such a retinue, ''that he had now a clearer idea than ever he had before conceived of that passage in Revelations which described Death on a pale horse and Hell following him.'" When the company reached Hartford, they boldly came within some twenty yards of the state house,^ where the legislature was sitting, and thereupon dismounted. While IngersoU was escorted to a near-by tavern, the Sons of Liberty, four abreast, in military formation and preceded by the three resounding trumpets, brazenly marched around the state house. This, it is presumed, had the effect of clearing that building of its occupants. After the march, a great semi-circle was formed about the tavern and IngersoU was then called upon to reread the Wethersfield declaration, to cheer again for liberty and property, and, according to the Rev. Samuel Peters, to throw into the air not only his hat, but also his wig.* 1 This estimate appeared in the Connecticut papers. In the New York Gazette (September 26, 1765) the number is put at five hundred. 2 David Humphrey, Life of Israel Putnam, p. 94. 3 The old state house was a wooden structure built in 1720, on the second floor of which were the rooms for the assembly. Its site is in front of the second or Bulfinch state house, which is still standing.