The case of the Governour and Company of the English Colony of Connecticut, in New England, in America, in relation to the pretensions of his Excellency, Benjamin Ffletcher, Esqr. the present Governour of New Y ork, laid before the R't. HON'ble the Lords of the Councill of Trade, by Gen. Winthrop.

The said Governour and Company were incorporated by Letters Patents of King Charles the second, in the fourteenth year of his Reign, which among several other powers and constitutions for the civill Government of the said Colony, conveyeth to the Governour of the said Company " for the time being, or others by his appointment and direction, authority to assemble, martial, ar-ray and put in warlike posture, the inhabitants of the said colony, and to comrnissionate such persons as they shall think fitt to lead and conduct the said inhabitants, and to encounter, expulse, &c. for the special defence of the said colony."

There is likewise in the said Charter, a clause for the more beneficial construction thereof on the behalf of the corporation: and another of nonob-stante to all statutes, &c. repugnant to the said grant.

According to which Charter the Governour of the said Company for the time being, and such as were commissionated by him, have all along had the command of the militia of the said colony, for the special defence thereof; and the said militia has been levied, proportioned and modelled according to the locall stattutes and orders of the Colony, made with great regard to the abilities and condition of the respective towns and divisions therein, and in prefect subserviency to the laws of England; by means of which constitution, this colony has ever since the said incorporation, flourished in improvements, added to the numbers of its people, defended itself in time of war without the help of the neighbouring provinces, who yet it hath not spared to assist, when invaded, with men, money or ammunition, according as was most wanted.

And the inhabitants thereof, have continually behaved themselves with such unblemished loyalty towards the crown of England, that in the late Reigns, when a very slender pretence served for aground of seizing the liberties of corporations, as legally forfeited, there was not so much as a colour found out to vacate the said Charter.

Since the warr now depending with France, it seemed fitting to their present Majesties, that the militia of several neighbouring colonys and provinces in America, should upon occasion act in conjunction, under the command of one experienced Commander-in-chief, for the common safety of the English interest; and thereupon their said Majesties, did in the third year of their reigne, constitute Sr William Phipps, Knight, Command-er-in-chief of all the militia, and forces by land and sea, within the several colonyes of Connecticut, Rhoad Island, Providence Plantation, the Naraganset country or Kings province, and the province of New Hampshire. To which Commission of Sr William Phipps, the Governour and Company of Connecticut, did never give up the Command of the militia, so granted to them, but yet did not refuse to attend him with their quota of the militia of Connecticut, to act with the other forces under his command, and in such manner, as to him should seem most conduceing to the common security.

Afterwards, in June last, their Majesties thinking it more convenient that the militia of Connecticut should act, in conjunction with that of New York, then with those of the colonys above named, by Commission superseded the said power granted to Sr William Phipps, as to the militia of Connecticut, and transfered the same to Benjamin Fletcher, Esqr. the present Governour of New York, and the Governour of New York for the time being.

That by colour of which last commission, the said Benjamin Fletcher, doth not only challenge the chief command and conduct of the quota of the militia of Connecticut, when raised with the other militia of his Governments, for the publick security (which the said Governour and company were always ready to submitt to,) but likewise the full power of assessing, apportioning and modelling the said militia, and requiereth that the said Governour and company should acknowledge him as entirely vested with the particular Lieutenancy of their colony, and with all the powers and rights any ways relating thereunto, granted to, and yet remaining in them, by vertue of the said Charter, for the special defence and protection of the said colony, which the said Governour and company excuseing themselves from, till their Majesties pleasure in the premises should be further known, by their agent sent into England for that purpose, and humbly requesting the said Benjamin Fletcher, in the mean time to accept of their quota, in men or money, for the common security, (as was used to be done when Sr William Phipps had the like commission,) the said Benjamin Fletcher rejected that offer, threatening the Generall Councill that he would force obedience to his said commands, to the great terror of the inhabitants of the said colony.

Which pretentions and proceedings of the Governour of New York, are conceived to be no ways agreeable to the true intention of their Majesties, in their said commission; the prosperity of the said colony, or the comon security of the English inhabitants in the adjacent provinces; and that upon the following considerations.

1st For that this colony, where all between 16 and 60 years of age are of the militia, (which is settled and modelled by the statutes and orders of the General assembly) there is necessarily so close a connection between the ordinary rule and government of the said militia, and the civill government, that whosoever hath the absolute power of the former, must draw all the authority of the latter to himself, by a consequence which is unavoidable, for the command of every mans person will undoutedly produce the command of every mands purse, and the alteration of the present modell of the militia, will be an alteration of the laws also.

2dly. By the constitution of this colony, the life and execution of the laws depends wholly on the power of the militia, which can be little usefull to that purpose, if wholly removed from, the civil magistrate, and placed in a person resideing at so great a distance as the Governour of New York usually doth, and though this may be something helped by deputations, if the Governour of New York pleaseth, yet it evidently renders the execution of the laws at Connecticut precarious, and at the will of the Governour of New York.

3dly. The Colonys in America, are governed, as near as may be, with conformity to the laws of England, where the King or his Lievtenant, can-not draw out all the men of a county to serve in the militia, but a certain number proportioned to the extent and rules of the county. But if Co'll Fletchers Commission should be asserted in the latitude he contends for, he might draw out the inhabitants in what numbers, and raise contribu-tions on them in what quantities he pleaseth; in short, he could become perfect master of the lives, liberties and estates of the English in that colony, who cannot but withdraw from the apprehensions of such an unlimited power lodged in a subject, a souldier of fortune, not their Governour, and upon that account not responsible for any inward consumption of the colony, so he protects it from being overrun by a foreigne enemy.

4thly. It is impossible that Co'll Fletcher, though he should prove of an abstinence unusuall in this age, can be so competent a judge of the dispositions and abilities of each town and division in the colony, nor so much master of their affections in time of need, as they who dwell among them, nor by consequence so well qualified for the locall and ordinary government of the said militia.

5thly. The frontiers of Connecticut, which lyes most remote from the province ot New York, do often call for a sudden and vigorous defence, but iff the civill government of that colony must be wholly divested of all power in the Militia for the special defence of the same (as their charter speaks) and driven to sue for orders to the Governour of New York, (who comonly resides about 200 miles off,) the inconvenience is to evident to be mentioned, besides it is repugnant to the very nature of a Government, that the power of defending itself, should not be in itself, but lodged in the Governour of an other Province.

6thly. Coll. Fletchers comission gives him not the Government of Connecticut, but a particular ministerial office in that Government, and therefore he ought to construe his comission so as may leave him subordinate to the Government of that place, and not above it, as he will be effectually, if he be permitted to exercise it in the extent demanded by him.

7thly. As the Militia in England is commanded by the King and his Lieutenants, under the restrictions and orders appointed by act of Parliament (or the subject could not be free,) so tis conceived their Majesties intention in this comission could be no other, then that Coll. Fletcher should comand the Militia, subject to the Laws and Constiutions of the Colony, so farr as they are not repug-nant to the Laws of England.

8thly, This sence in which the Government of Connecticut would understand their Majesties comission, is agreeable enough to the Letter and penning of it, for the ground there laid down for the granting that comission, is the uniting the forces for security of their Majesties subjects in generall, inhabiting in those parts; and no reason is there so much as hinted at, why that Colony should be deprived of all power over the Militia, within itself for its own particular defence, and refference is therein had to the like comission before granted to Sr William Phipps, (who never exercised so unlimited an authority,) and tis taken for a rule in expounding the Kings grants, that when there are two constructions to be made, which equally satisfy the letter thereof, one repugnant to the other consisting with a former grant, which preserves the former grant is to be prefered, as most agreeable to the Kings honnour and justice.

9thly. It is observable that in Coll. Fletchers comission, there is no express superseeding the comand of the Militia granted to the Government of Connecticut by the said charter, although the same comission does expressly supersede the above mentioned authority granted to Sr William Phipps.

These among divers others, are some reasons why tis hoped their Majesties will be pleased to preserve to the said Colony of Connecticut their liberties granted to them by the said charter, and to explain the comission of Coll. Fletcher in such sort, that he may content himself with the Generall comand of the Quota of the Militia of that Colony, and not take from the civill Government of that place the power of levying and ordering the Militia within themselves, granted by the said charter.