AN ACCOUNT OF Several Passages and Letters between his Excellency Benjamin Fletcher, Captain General and Governor in Chief of the Province of New-York, Province of Pennsilvania, Country of Newcastle, etc. Commissionated by their Majesties under the great Seal of England, to be their Lieut. and Commander in chief of the Militia, and of all the Forces by Sea and Land within their Majesty's Colony of Connecticut, and of all the Forts and places of Strength within the same. AND The present Administrators of the Laws in the Colony of CONNECTICUT, in the Month of October, 1693. ON the 13th of October, his Excellency departed from New-York, towards Connecticut, in order to the Publication of their Majesty's Letters Patents for, and taking upon him the Command of the Militia in that Colony. The 14th day he arrived at Millford Bay, and writ this Letter from on board, to Governor Treat at Millford: Millford Bay, October 14. 1693. SIR; IN Obedience to their Majesty's Commission, directed to me for the Command of their Militia of the Colony of Connecticut, I am come to publish the same, and to take that Trust upon me; and in the first place have thought fit to communicate their Majesty's Royal Pleasure to you, as a Person that has acted in chief Rank of the Government, and discharged that Trust with a fair Reputation: I have sent this Gentleman their Majesty's Secretary for the Province of New-York, to acquaint you with what may be further said upon this occasion, and to desire your directions, how I may best steer myself for the publishing of their Majesty's Commands, to render them most effectual for the present Service. I am, SIR, Your Humble Servant, BEN. FLETCHER. Hereunto his Excellency received no Answer. The 15th day his Excellency arrived at New-Haven, and his Horses not coming, on the 17th he wrote this following Letter to the Governor and General Court of Connecticut, sitting at Hartford. New-Haven, October 17. 1693. Gentlemen; I Landed at this place somewhat late Sabbath day at night; my Horses and other conveniences being aboard another Sloop, and not yet come up, has detained me longer here than I designed or desired: Being informed your General Court is now sitting, I am willing to communicate their Majesty's Command to you while you are together, conceiving it will most conduce to their Majesty's service, and therefore I desire you will not adjourn yourselves till I can come up to Hartford, which shall be without loss of time, so soon as my Horses arrive, which I hourly expect. I am, gentlemans, Your Humble Servant, Ben. Fletcher. To which Letter his Excellency had this Answer. To his Excellency Benjamin Fletcher, Capt. General and Governor in chief of their Majesty's Province of New-York, etc. Hartford, October 18. 1693. Excellent SIR; YOur Letter of the 17th Instant, at one of the Clock in the afternoon, about 2 of the Clock this Morning came to our Governors' hand, who hath acquainted us with the Receipt of yours, and of the occasion which hath detained your Excellency longer in those parts than you desired or designed; as also, that your Excellency desires that we would not adjourn ourselves till you can come up to Hartford. In answer to which your Excellency may be pleased by these to be informed, That our general Court hath been together upon their Majesty's service ever since Thursday last, and are about dispatching the Affairs under hand, as we may, but shall not break up till Friday next, and shall be ready to wait upon your Excellency in General Court, to hear or receive from you what you have to acquaint us with, that may be for their Majesty's Service, and the public good of their Subjects. Which with Respects and Service to your Excellency, is all at present from your humble Servants, The Governor and General Court of their Majesty's Colony of Connecticut. By their Order, signed by me, John Allyn, Secretary. The same day his Excellency wrote to them as followeth. To the Governor and General Court of Connecticut, at Hartford. New-Haven, October 19 at 11 clock in morning. Gentlemen; THis day about 10 a clock I had the favour of yours. Finding the wind continue Northerly, I can get no news of my Horses, so that I cannot propose 〈◊〉 getting up to Hartford to morrow. I therefore desire that you will please to adjourn to this place, where a very short time will allow me to lay before you such things as I have to offer for their Majesty's service. I am, gentlemans, Your humble Servant, Ben. Fletcher. And in Answer to that Letter his Excellency had this Return. Hartford, October 20. 1693. Excellent SIR; YOurs of the 19th instant we have received, and in answer thereunto we return, We cannot, under our present Circumstances, adjourn to New-Haven, and have chose rather, (tho' we have waited several days to attend your Excellency in General Court) to resolve to continue our general Court by adjournment till Tuesday next about ten of the clock. Which is all the needful at present from your humble Servants, The Governor and general Court. By their Order, signed by me, John Allyn, Secretary His Excellency departed from New-Haven the 22th day in the Evening, and lodged at Wallingford that night. The 23d day he arrived at Hartford. The next morning he went to the General Court then sitting, there published their Majesty's Letters Patents, and left with them the following Memorial. A Memorial to the Governor and General Court for the Colony of Connecticut, sitting at Hartford, October 24. 1693. BEnjamin Fletcher their Majesty's Capt. General and Governor in chief in and over their Majesty's Provinces of New-York, Pennsilvania, etc. Gives in this Memorial, to which he desires a Reply, without loss of time, their Majesty's Service calling for his immediate Repair to the Fronteers, etc. He says, being come into this Colony with their Majesty's Commission under their great Seal of England, to act as their Lieutenant and Commander in chief of the Militia, and of all the Forces by Sea and Land within their Majesty's Colony of Connecticut, and of all the Forts and places of Strength within the same. Which Commission he does here produce, and expect a ready Compliance to it, from all their Majesty's loving Subjects, that he may proceed to the execution of that Trust. Ben. Fletcher. Coll. Bayard and Secretary Clarkson were sent with this following Message. Gentlemen; WE are come from the General to acquaint you, that just now he received an Express, with Letters from Albany, which give him an account of the weakness of that Garrison, and the growing strength of the Enemy. We are further to acquaint you, That these delays of yours do very much hinder the necessary Affairs of their Majesties here: His Excellency has no directions nor instructions from the King to make any applications to yourselves; he has not published his Commission until he did it in this Court; nor could he suppose, neither will it be believed in England that an English Colony should deny the Rights of their Protestant King. The Letters from Albany do still intimate, That they are apprehensive that they will be attacked by the Enemy, and if that Post should be lost for want of your Compliance to their Majesty's Commission, you may be sensible of what dangerous consequence the same would be to yourselves. The Jarseys are under the same Circumstances with yourselves, in respect of their Charter, yet have willingly submitted to the King's pleasure and Right of the Millitia, who are commanded by his Excellency; 〈◊〉 the Governor of that Colony acts there without the least interruption: He calls Assemblies, makes Laws, raises Money, ordains and keeps Courts, only commands the Militia under his Excellency, who has not altered one single Officer in that Colony. Gentlemen, We are to conclude with the last thing his Excelleny gave us in charge, That the fatal Consequences of your Proceedures, as it appears to his Excellency, will be repent by you and your Posterity when 'tis too late: You are the only People in all the King's Dominions that will venture to dispute with our King, who is a Soldier, concerning that inherent Right of the Militia, settled upon the Crown by several Acts of Parliament, and cannot be aliened nor demised. N. Bayard, M. Clarkson. The 26th day his Excellency received the following Paper from the General Court. To his Excellency Benjamin Fletcher, Captain General and Governor in Chief of their Majesty's Province of New-York, etc. IN Return to your Excellency's Demands of the Militia, of us their Majesty's general Court of their Colony of Connecticut, We say, That finding in your Excellency's Commission no express superseding of the Commission of the Militia in our Charter, nor no Order to us from their Majesties to surrender the same; and being sensible of the great Importance of this matter, and finding it in several main things which do need a particular Explication and Settlement, as we shall, God willing, manifest to their Majesties, cannot but conceive it our Duty, both with respect to their Majesty's Service, and our own Peace and Preservation in this time of War, to continue the Militia as formerly, till by our Agent, now sent for England, we shall receive farther Orders from their Majesties. And in Obedience to their Majesty's gracious Letters, of March the 3d. 1692. we shall be ready upon all just occasions, to yield Assistance to his Excellency Coll. Benjamin Fletcher, Esq his Majesty's Captain General and Governor of New-York, etc. and to the Commander there in Chief for the time being for the Defence of the said Province against the common Enemy, according to our Ability, and in proportion with our Neighbouring Colonies and Provinces, altho' we have already been out above five Thousand Pounds for the defending our Neighbours of Albany since the War began, besides the loss of Lives. And further, this Court does see reason to grant the sum of six hundred Pounds in Country Pay, out of our Country Rate, towards the Charge of maintaining the Garrison at Albany, onward of what shall be our Proportion of that Charge, in Obedience to Their Majesty's Letter of the 3d of March last. By Order of the Governor and General Court of Connecticut, signed by, John Allyn, Secretary Hartford, October 25. 1693. And about two hours after his Excellency made this Return by Coll. Bayard. To the Governor and General Court of Connecticut, sitting at Hartford, October 26. 1693. Gentlemen; I Have received your Paper, which is no Answer to my Memorial; for I do not demand the Militia from you, knowing very well, as you yourselves do, That you have no right to it, it being settled on the Kings and Queens of England and their Successors, by several Acts of Parliament, and by no Power on Earth can be demised from the present Possessor of the Crown. But I have, in tender regard to this English Colony given in my Memorial to you, the preseur Administrators of the Government here, in expectation of your ready Compliance to their Majesty's Patent, and your Assistance to me, being a stranger in these parts, for the more speedy and effectual execution of that lawful Commission, is granted in Grace by their Majesties, as well for your Security and Defence, as the Assertion of their own Right, and this has in no part of their Dominions found a Rub or Contest. I do therefore in their Majesty's Names demand your Obedience to this Commission, as you will answer the Consequences that will ensue; and expect a speedy Reply in one of these two words, Yes, or No. Ben. Fletcher. By his Excellency Benjamin Fletcher, Their Majesty's Lieutenant and Commander in Chief of the Militia, and of all the Forces by Sea and Land within their Majesty's Colony of Connecticut, and of all the Forts and places of Strength within the same. M. Clarkson, Secretary. Coll. Bayard had also in Charge to deliver this Message. Gentlemen; I Am further to tell you from his Excellency, the General, That he is resolved to put their Majesty's Commission in Execution, and immediately issue forth a Proclamation, showing the method he has taken for the ease and satisfaction of their Majesty's Subjects in this Colony, leaving the Militia in the same hands he found it. And I am also directed by his Excellency to make you, Governor Treat, a tender of a Commission from him, for the Command of all the Militia in this Colony. And also to acquaint this Court, That his Excellency has neither Power nor Intention to invade any of their Civil Rights, but that all things may run in the same Channel, with no alteration, but only your acknowledging the Power of the Militia an inherent Right in their Majesties. And I may assure you from his Excellency, That he will not set a foot out of this Colony till he sees an Obedience paid to this Commission, by all such as are Loyal Subjects to their Majesties, and will distinguish the rest. By his Excellency's Command, N. BAYARD. Coll. Bayard returning from the General Court, etc. acquainted his Excellency That they desired a Copy of their Majesty's Letters Patents, and that they promised to make a speedy Reply to his Excellency's Answer sent by the aforesaid Coll. Bayard. His Excellency ordered Coll. Bayard and Secretary Clarkson immediately to carry the Original Patent to the General Court, and to leave it with them for their perusal, and withal to require them to cause it to be entered in the Public Records of this Colony. Which Message was accordingly performed. Whereupon Secretary Allyn made answer, That it could not be done whilst the Court was fitting; but seemed to be willing to do the same after the Court should be broke up; and then promised to return the Original to his Excellency. In the Evening, the following Paper was sent to his Excellency from the General Court. To his Excellency Collonol Benjamin Fletcher, Esq Captain General and Governor in Chief of their Majesty's Province of New-York, etc. Hartford, Octob. 26. 1693. Excellent SIR; YOurs of October 26. we have received, wherein your Excellency tells us, That you have received our Paper, which is no answer to your Memorial, etc. We have duly considered what we have received from your Excellency, and do return, That we have in our Answer to your Memorial, fully informed your Excellency of our Opinion of those things you mentioned to us therein, which you may please to take as our Answer. Yet further, we say, That we agree with your Excellency, That the Inherent Right in the Militia belongs to their Majesties, and that it is at his dispose, and hath been settled upon us under the great Seal of England, and enjoyed by us the two last Reigns, and ever since our present Sovereign Lord and Lady, King William and Queen Marry, (whom God preserve) came to the Crown; and lately, we received some directions from them, in order to the Improvement of the same, which we shall attend; and therefore our desire is, That you would not interrupt us in our enjoyment of the same, till we have opportunity to understand their Majesties further Pleasure therein; which we trust will be no prejudice their Majesty's Interest, and may be a good means to prevent future Inconveniencies. By Order of the Governor and General Court, signed by me, John Allyn, Secretary. And the next day this following Memorial. A Memorial from the Governor and General Court of Connecticut Colony, To his Excellency Benjamin Fletcher, the 27th of October, 1693. Excellent SIR; WE have, in our former to your Excellency, tendered you Six Hundred Pounds in Country pay, out of our Rate, towards the charge of maintaining the Garrison at Albany, onward of what shall be our Proportion of that Charge. We desire your Excellency's Answer, whether that be acceptable to you. But if you judge it more for Their Majesty's Service to have Men, we shall raise about fifty Men to assist in Garrisoning Albany, who we shall raise and send forth with what speed we may, to continue there till the Spring, to the end of March, or first of April next. We crave your Excellency's Answer, who are, Your Humble Servants, The Governor and General Court of Connecticut. By their Order, signed, John Allyn, Secretary To which his Excellency made this Answer. His Excellency's Answer to the Memorial of the Governor and general Court of Connecticut Colony, the 27 of October, 1693. Gentlemen; I Have your Memorial of this day before me, and in answer thereunto I thik fit to tell you, I am Their Majesty's Lieutenant and Commander in Chief of all the Military Forces in this Colony. And that by my Commission, published in your General Court, all other Military Commissions are superseded, and actually void. When you think fit to acknowledge the Power of this Patent, which has never found a Dispute by any of their Majesty's Subjects in any part of their Dominions, I shall then readily proceed to consult with you of such Methods, for the settling the Militia here, as may be most for the ease of Their Majesty's Subjects, and the Security and Safety of the Fronteers of Albany, and this Colony. In the mean time I conceive myself obliged to pursue the Execution of their Majesty's Letters Patents, to me directed, till I find an open Violation of their Majesties Right by Force of Arms. By Commands of their Majesty's Lieutenant and Commander in Chief of the Military Forces in this Colony, M. Clarkson, Secretary. Upon the delivery of the above Memorial, the general Court dispersed, and returned no Answer. During his Excellency's stay at Hartford he had twice Conference with Governor Treat, Secretary Allyn, Mr. Pitkin and Mr. Stanley, who attended his Excellency at his Lodging. His excellency having heard what they had to say, answered their several Arguments, in particular to their Allegations, That they had enjoyed their Militia the two last Reigns, and since their present Majesties came to the Crown, said, Gentlemen, You cannot say you had the Power of the Militia in the late Reign, Sir Edmund Andros being received and owned your Governor, from whom you received Commissions, under him you acted, and swore Allegiance to that Government. Nor can you truly say, you had the Power of your Militia under their present Majesties, Sir William Phipps having a Commission under the great Seal for that Trust, which is superseded and nulled by express words in this Commission to me. And then concluded thus: You are permitted by your Charter, in case of eminent Danger, to arm and array the Subjects of this Colony, but I do not find you are impowered to give Commissions and keep up a standing Militia. I do therefore require you, Coll. Treat, to give Obedience to this Commission, and I do tender you the chief Command of all the Militia in this Colony, under myself. Then his Excellency published his Proclamation. A true Copy, Examined and allowed to be Printed, by M. Clarkson, Secretary. Printed and Sold by William Bradford, Printer to their Majesties, King William and Queen Mary, at the Bi●●● in New-York, 1693.