But Massachusetts was destined to be arraigned by the heir of the old patentee of New Hampshire, Robert Tufton Mason, who at the Restoration pressed his claim on the attention of the Crown. Finally, after a long struggle, the judges in 1677 advised that Mason had no right to the government of New Hampshire, but that the four towns of Portsmouth, Dover, Exeter, and Hampton were beyond the bounds of Massachusetts, whose northern boundary was thereby driven back to its old limits, while its charter of 1629 was held to be valid. In 1679 a revised opinion was given by the attorney, Jones, to the effect that Mason’s title to the soil must be tried on the spot, where the ter-tenants could be summoned. A new government was now instituted by the Crown for New Hampshire, and a commission was issued to John Cutt as president for one year.
This form of government, the administration of which was arbitrary and very unpopular throughout the province, continued till the time of Dudley and Andros, whose commissions rode over all others preceding. On the downfall of Andros New Hampshire was for a short time again united to Massachusetts.
Connecticut.—Connecticut was settled in 1635 and 1636 by emigrants from three towns in Massachusetts,—namely, Dorchester, Watertown, and Newtown (Cambridge); those from Newtown arriving in 1636. Their places of settlement on the Connecticut River bore for a while the names of the towns in Massachusetts whence the emigrants came; but in February, 1637, the names of Windsor, Wethersfield, and Hartford were substituted.
The Rev. Thomas Hooker and the Rev. Samuel Stone accompanied the people from Newtown. The Rev. John Warham joined his people at Windsor, and the Rev. Henry Smith was chosen pastor of the church at Wethersfield. These several communities, though beyond the borders of Massachusetts, were instituted under her protection, and for one year they were governed by a commission issuing from the General Court of that colony. Springfield, settled in 1636, was in this commission united with the lower plantations. This provisional arrangement was found to be inconvenient, and at the end of the year the several towns took the government into their own hands, and a General Court was held at Hartford, May 1, 1637. Preparations were now made for the impending Pequot war, which called out all the strength of the feeble settlements. On its conclusion, after arrangements had been made for future security from savage foes, and for the purchase of food till the new fields should become productive, the inhabitants of these towns—Springfield, now suspected, and soon afterward declared, to be within the bounds of Massachusetts, excepted—formed a constitution among themselves, bearing date Jan. 14, 1638/39. This instrument has been called “the first example in history of a written constitution,—a distinct organic law constituting a government and defining its powers.”[539] It contained no recognition of any external authority, and provided that all persons should be freemen, who should be admitted as such by the freemen of the towns, and should take the oath of allegiance. It continued in force, with little alteration, for one hundred and eighty years.
John Haynes[540] was the first governor; and he and Edward Hopkins held the office during most of the time for the next fifteen years. In 1657 John Winthrop, son of the Massachusetts governor, was chosen, and continued to serve till the acceptance of the new charter by New Haven, when he was continued in that office.
[This portrait hangs in the gallery of the Massachusetts Historical Society. A heliotype of it will be found in the Winthrop Papers, Part iv., and in Bowen’s Boundary Disputes of Connecticut.—Ed.]
Meanwhile, in October, 1635, this same John Winthrop, Jr., had returned from England with a commission from Lord Say and Sele, Lord Brook, and others, their associates, patentees of Connecticut, constituting him “governor of the River Connecticut, with the places adjoining,” for the space of one whole year. He was instructed to build a fort near the mouth of the river, and to erect habitations; and he was supplied with means to carry out this purpose. He brought over with him one Lion Gardiner, an expert engineer, who planned the fortifications, and was appointed lieutenant-governor of the fort. It was expected that a number of “gentlemen of quality” would come over to the colony, and some disposition was at first shown to remove the settlers of the towns on the river who had “squatted” on the lands of the Connecticut patentees.