The Dutch, meanwhile, seem to have repented of their former hospitality, probably because of the warnings that the English had early sent them of their encroachment upon English territory, and of the rapid growth of the eastern colonies, which might threaten even their occupation of the Hudson.[[457]] Hearing of the projected settlement by Plymouth, a party was sent from New Amsterdam in January to buy land from the Indians,[[458]] and some of the Dutch were already ensconced in a little fort, on the present site of Hartford, when the English arrived in the late summer. In spite of Dutch protests, however, the Pilgrims, in their “great new barke,” sailed past the fort, and, passing north of the bounds of the Hollanders' Indian purchase, settled at what is now Windsor, buying the soil from its savage occupants. A later attempt by the Dutch to dislodge them by threatened violence proved unavailing.[[459]]
Meanwhile, on the same day on which Winthrop recorded in his Journal the results of the Massachusetts expedition to Connecticut, he also entered the arrival of the ship Griffin, eight weeks from England, with John Cotton, Thomas Hooker, Samuel Stone, and John Haynes among her passengers. Cotton, as we have seen, remained in Boston, but the others immediately went on to Newtown, where a body of Hooker's English congregation had preceded him by a year.[[460]] Of this transplanted body, Hooker and Stone now became pastor and teacher. It is not likely that Hooker, with the political views he possessed, could have found the Massachusetts atmosphere congenial; and a year later, he and his congregation applied to the General Court for permission to remove to Connecticut. The reasons they gave were the lack of land for expansion at Newtown, the fear that otherwise Connecticut might fall into the hands of other English or the Dutch, and, lastly, “the strong bent of their spirits to remove thither.” The Court, however, refused the petition, alleging many reasons, which, in the main, came to the fear that such a defection would weaken the colony, and tend to draw away future emigrants from it.[[461]] In the debates on the subject, a majority of the deputies were in favor of allowing Hooker and his party to leave if they wished, while a majority of the magistrates opposed it. This raised the question whether the magistrates could veto a vote of the more numerous body of deputies, which was the more popular and democratic of the two. As the result of a sermon preached by Cotton the contest, which had promised to become bitter, was postponed, and the Newtown settlers were granted additional land in their present neighborhood.[[462]] The incident is interesting, not only as marking the beginning of the political struggle between the two elements in the legislature, which we shall have occasion to follow later, but also as an early example of that fear which the East has always had of the growth of its western frontier and its desire to check it.
Owing to continued pressure, however, the legislature withdrew its opposition the following year, and in 1635 permission was granted the towns of Watertown, Roxbury, and Dorchester to move anywhere, provided that they would continue subordinate to the Massachusetts government—a condition which that government had no legal right to impose. A few months later it went further, indeed, and passed a law that no one could leave the colony without permission of a majority of the magistrates.[[463]] As, under a previous law, no one could settle in Massachusetts without the consent of the half-dozen or more men mainly in control, so now no one, however uncongenial his surroundings or urgent his need, could leave without permission from the same little group.
Parties from Dorchester at once availed themselves of the Court's consent to leave, and by July were arriving daily on the Connecticut. On that river no spot would suit them except that already bought and occupied by the Pilgrims, from which the Massachusetts people now tried to oust them. In reply to a protest from Governor Bradford, the Dorchester men had the effrontery to answer that, as to the land settled by the Pilgrims, God “in a faire way of providence tendered it to us.” Upon this bit of fraud and hypocritical cant, Bradford caustically commented that they should “abuse not Gods providence in such allegations.” Massachusetts, however, was strong, and the Plymouth people were weak; and although the latter did finally wring a reluctant acknowledgment that the right was on their side, nevertheless they were forced to yield fifteen sixteenths of their land, and were allowed only one sixteenth and a little money, in an enterprise which was wholly theirs, in which they had courteously tendered Massachusetts a half interest, and which was located entirely outside any territory to which that colony had any legal title. There was good reason for Bradford's note in his diary, that the controversy was ended, “but the unkindness not so soone forgotten.”
The winter was very severe, and many of the new settlers were obliged to return to Boston; but in the spring, Hooker, with most of his congregation, emigrated to the river, traveling overland, with their herds of cattle, the precursors of an endless western stream. These newcomers, Bradford carefully notes, as we also are glad to do, treated the Pilgrims more fairly. By the end of 1636, there may have been eight hundred people in Connecticut, settled mainly at Hartford, Windsor, and Wethersfield, while the little settlement of Springfield, within the legal limits of Massachusetts, had also been planted.[[464]]
These settlements, at first, were merely plantations and not organized towns. They apparently had no officers, except constables,—who, Massachusetts tried to require, should be sworn by one of her own magistrates,—and the body politic consisted of the inhabitants, who met together, as we have found them doing in Rhode Island, to decide upon their common interests. The territory, however, in which they were located, was also claimed at the time by a group of patentees, including Lords Say, Brook, and others, who had been granted the lands by the Earl of Warwick in 1632, but who had made no attempt to enter upon them until three years later, when they sent John Winthrop, Jr., to act as governor, and took other action looking toward settlement. Winthrop, who had come to Boston in the ship with young Vane, was there at the time that the emigration from Massachusetts took place, and Hooker and the other emigrants consulted him concerning such rights as his principals might claim. As a result, an agreement, to last one year, was entered into between Winthrop, acting for Say, Brook, and their associates, and Hooker and his, which provided that a court of eight magistrates should be created, with power to summon a General Court, until further advices could be received from England. This agreement, for purposes of record, was ratified in the Massachusetts General Court, but was not a “commission” from that colony, as often stated.[[465]]
On May 31, 1638, when a new form of government was under consideration, Hooker preached his famous sermon, in which he laid down the doctrines that “the choice of public magistrates belongs unto the people by Gods own allowance,” and that “they who have the power to appoint officers and magistrates, it is in their power, also, to set bounds and limitations of the power and place unto which they call them,” because “the foundation of authority is laid, firstly, in the free consent of the people.”[[466]] Neither to Hooker, nor to his fellow colonists of Connecticut, was this last principle new, either in theory or in practice. He was arguing, not for a democratic government, which they already possessed, but for a fixed code of laws to rule the magistrates in their actions. The following year, the constitution of the new government was adopted by the residents of the plantations of Hartford, Wethersfield, and Windsor.[[467]] That constitution provided for a General Court, in which each of the three original plantations should be represented by four deputies, and which should have the authority to incorporate towns. It was only subsequent to the creation of this general government by the inhabitants of the commonwealth, that the towns, as political entities, came into being. Freemen were merely required to be passed upon by the General Court, no religious qualification being attached to the franchise. It is noteworthy that the governor was not allowed to serve for two successive terms, and that no reference was made to any external authority, not even to that of the king.
While the descent of the “Fundamental Orders” of Connecticut can be traced in every step from the earliest charters of the trading companies, the transition was now complete. From such as we saw Tudor monarchs granting to merchants in the fifteenth century, past all those which we have noted as milestones by the way, the progress had been as steady as it was unperceived, from the privileges possessed by a few expatriated English traders and their clerks, dwelling among foreigners, to the self-governed commonwealth of a people in a land which they had made their own. While the charters, however, served as the framework of their government, the foundation of their political philosophy was found in the church covenant, which the Separatists had used in Europe for forty years before the Mayflower sailed; and the constitution of Connecticut was thus equally descended from religious theory and from the practice of trade.
Although there was little in the Fundamental Orders, as settled in 1639, which cannot be found in previous custom or legislation in Massachusetts or Plymouth, nevertheless, only those elements which were of a democratic tendency were put into the new constitution, and there was distinctly a more democratic attitude on the part of the leaders and people than in the Bay Colony. Such provisions as that making the governor ineligible for immediate reëlection, and the franchise independent of religious qualification, probably show a reaction from the rule of Massachusetts.
The contrasted influences which the new colony and its parent were bringing to bear upon the development of American thought at this time may best be illustrated by the theories of their several leaders. Perhaps the two most influential men in New England in 1640, and the two who most deserved the positions assigned them, were John Winthrop, the leader in Massachusetts, and Thomas Hooker, the leader in Connecticut. Winthrop's opinion of democracy as “the worst of all forms of government,” we have already noted, and may contrast with Hooker's belief that the complete control of their rulers “belongs unto the people by Gods own allowance.” In the important question whether judges should render arbitrary decisions wholly according to their personal views, or be limited by a fundamental body of laws, the two leaders were equally far apart. “Whatsoever sentence the magistrate gives,” wrote Winthrop, who opposed any such limitation, “the judgment is the Lord's, though he do it not by any rule prescribed by civil authority.”[[468]] “That in the matter which is referred to the judge,” asserted Hooker, on the other hand, “the sentence should lie in his breast, or be left to his discretion, according to which he should go, I am afraid it is a course which wants both safety and warrant. I must confess, I ever looked at it as a way which leads directly to tyranny, and so to confusion, and must plainly profess, if it was in my liberty, I should choose neither to live nor leave my posterity under such a government.”[[469]]