1740.

Nov. 26th,

Book II. tax of ten thousand pounds was levied on the grand list of the colony, for the payment of the whole within ten years. About this time letters were received from the Lords commissioners of trade and plantations, requiring an account of the tenor and amount of the bills emitted, by the Assembly; and its opinion on the best mode of sinking them. Their Lordships also faulted them, for making the émission of thirty thousand pounds a lawful tender, as, in their opinion, it was contrary to the act of the sixth of Special Queen Anne, ascertaining the rates of foreign coins in Assembly the several plantations. The answer of the legislature to 1740. their Lordships' letters, will evince that before the emissions occasioned by the war with Spain, the colony had but a small amount of bills in circulation. They represent that the bills outstanding, which had been issued to defray the expenses of the government, were nearly or quite sunk, by the taxes of the years 1738 and 1739: That of the bills loaned before the commencement of the war with Spain, three thousand pounds had been drawn in for interest in the year 1740, and that the whole would be discharged by the year 1742 That the emission of four thousand pounds Old Tenor, and of eight thousand pounds in bills of the New Tenor, in May last, and ten thousand pounds in July following, was for the sole purpose of enabling them to comply with his majesty's instructions respecting the expedition against the Spanish West Indies, and for the necessary defence of the colony. They affirmed that without these emissions it was impossible for them to have answered his majesty's expectations, or to have provided for the common defence. With respect to the twenty two thousand pounds in New Tenor, which had been loaned, they represented, that it had been emitted and loaned to supply the want of a medium of exchange, and that one half of it would be paid in within four, and the other within eight years: That the bills which would be discharged in the year 1742, and the twenty two thousand pounds, were the only bills ever loaned by the colony. With reference to the act of May, for the emission of thirty thousand pounds, in bills of the New Tenor, they answered, that the clause making it obligatory on all persons to receive said bills, in all payments, was added with an honest intent, to prevent their depreciation. They pleaded further, that they had been encouraged to do it from the example of the neighboring government of NewYork, and from the information which they had received of its good effect, in preventing the discount of their bills of credit.

In relation to the inconsistency of that act with the act of Book II. Queen Anne, they pleaded, That they had not the least apprehension of it, and that they had never received the 1740. least insinuation of his majesty's pleasure, nor of that of Nov. 26th. the house of commons on that subject: And that, on the first intimation of his majesty's pleasure, they had repealed that clause in the act which made the bills a lawful tender. They concluded by observing, That by the laws which were there transmitted, and by the returns they made, their Lordships would be certified of the tenor and amount of the bills which had been emitted and that they persuaded themselves, that their Lordships, in view of the whole matter, would not be of the opinion, that they had made large and frequent emissions of paper currency, as had been represented: That the sums they had emitted, reduced to sterling, or compared with the emissions of some of the other colonies, would appear but small. The legislature gave their Lordships assurance, that special attention should be given to his majesty's intentions, and to the opinion of the house of commons.

From these statements, it appears that there had been no redundancy of a circulating medium in the colony, and consequently that there had been little or no depreciation of the bills of credit before the Spanish war in 1740. It appears that then as small a number of bills was emitted as would comport with his majesty's requisitions, and a proper defence of the colony. From this time the number of bills in circulation was constantly diminishing. In two years the first bills loaned were all paid into the treasury, The twenty two thousand pounds, was in four years to be one half reduced. The times for calling in a considerable amount of the outstanding bills had expired, and they had been sunk by the provisions made for that purpose by the year 1744, when the French war commenced. During 1744. this term of about four years, there was not a single emission. At this period, therefore, the bills of credit must have been rather in a state of appreciation than of discount. The credit of the bills appears to have been well supported until after the commencement of the war with France and the expedition against St. Louisburg.

CHAPTER IV.

The colony in fear of losing their Charter. Measures adopted to prevent it. Mr. Winthrop complains of the Colony. In an Appeal to his Majesty in Council in a case between him and Thomas Lynchmere, Esq. he obtained a sentence, in which a certain law of the colony, entitled an Act for the settlement of intestate estates, was rendered null and void. The colony declare, that they will not surrender their charter, and pray for the continuance of the act relative

to intestate estates.

Book II. A their charter privileges against the intrigues of Dud

LTHOUGH the colony had been able to maintain

Pet. 1715.

ley, Cornbury and other enemies, in 1712, and 1713, yet the danger was not yet past. There were strong parties in England, and some in the colonies, who were unfriendly to the charter governments, especially to those of NewEngland. They were considered as too independent of the crown and government of England. A bill was therefore brought into parliament for a repeal of the charters which had been given to the colonies. Mr. Dummer, the agent for the colony, in a letter to the Governor, dated August 1715, had given information of the measures which the ministry were pursuing, and had sent over a copy of the bill which was pending in the parliament relative to the charter governments. No sooner were the Assembly convened in October, than a committee was appointed to examine all papers and documents relative to that affair, and to make report what were the best measures for the legislature to adopt for the preservation of their charter. The arguments in vindication of their charter rights, and the instructions to former agents relative to them were so complete, that nothing new on that subject could be added. The committee therefore, after a full examination of the letters and instructions which had been sent to former agents, at different times, and especially on the 27th of October 1712, reported, That those were the best instructions which could be given in this case: and that those instructions and documents were sufficient to support all the articles in the case of the colony, a report of which had been printed by their agent. They gave it as their opinion, that those articles being substantiated, they might hope that Connecticut would be kept out of the bill. They further gave it as their opinion that it would be advisable

to encourage the agent and engage him to make the best Book II. defence in behalf of the colony, and to supply him with money sufficient to answer the extraordinary charges which 1715. it might occasion.

The Governour was desired to return the thanks of the legislature to Mr. Dummer, their agent, for his faithful care and great diligence on all occasions; and especially in this critical juncture, for the general good of this colony, and in the defence of their invaluable privileges: and to encourage him to employ his utmost endeavors to save the colony out of the bill pending in the house of commons. He was instructed to spare no cost which he should judge necessary for that purpose, and the strongest assurances were given him, that the colony would cheerfully reimburse him. Mr. Dummer exerted all his powers in defence of the charter governments; and by his plea, on that occasion, not only did singular service to his country, but great honor to himself, both in Europe and America. The charter was preserved, and the fears of the colony with respect to the loss of their charter rights, for a number of years subsided.

The colony however was put to great expense, and found peculiar difficulties, at this time, in making payments in England. Governor Saltonstall therefore generously offered to give the colony credit there to such an amount as was necessary. The Assembly accepted his proposal, and returned him thanks for his generosity.

The colony were again brought into great fear and trouble with respect to the loss of their charter privileges, and the repealing of their laws relative to all testamentary matters. A number of circumstances united to awaken their concern. The agreement between his majesty and seven of the Lords proprietors of the Carolinas, that they should resign their titles to that country, and the jurisdiction of it to his majesty, and an act of parliament enabling his majesty to purchase the lands belonging to those colonies, and establishing the government between his majesty and them, clearly manifested a desire in his majesty and the parliament to bring the colonies into a state of more entire dependence on the crown and parliament, and to have them more immediately under their government. The opposi tion which the Province of Massachusetts had made to their Governors, Shute and Burnet, and the obstinate refusal to vote them a permanent salary, according to the express requisition of his majesty, were considered, by Connecticut, as having an unfriendly aspect upon the charter governments. This controversy had been heard by his

BOOK II. majesty in council, and after a full hearing of all which could be pleaded in their vindication, the conduct of the province had been condemned, and the Governors had been justified. His majesty had been advised to lay the affair before the parliament. The province of Massachusetts had lost one charter before, and it was very much expected that they would now lose a second, and that it would have an ill effect on the other colonies.

Reasons

Another ground of fear was this, that it had been profor fearing posed to the colony to resign their charter. In addition to the loss of these circumstances, John Winthrop, Esq. son of the last

the char

ter.

Governor Winthrop, had become disaffected towards the government, and had made a voyage to England with complaints against the colony. He had conceived the idea that his family had been injured, and that his ancestors had not been rewarded according to the public services which they had rendered to the colony. He imagined that there were monies due to him, which the colony did not consider as due, and were unwilling to pay. He had been engaged in a long controversy with Thomas Lynchmere, Esq. a brother in law of his, relative to their paternal inheritance. The court of probate, as he imagined, had made an unjust and illegal settlement of the estate in favor of his sister, Mrs. Lynchmere; he therefore, after going through a course of law in the courts of this colony, in which he was unable to obtain redress, appealed to his majesty. Upon the hearing of this case, between the parties in England, in which Connecticut did not view itself as particularly concerned, and in which it was not heard, the law of the colony respecting intestate estates was repealed. It was judged repugnant to the laws of England, as not securing the lands to male heirs, and admitting daughters to a share in the paternal estate, which the English law did not warrant. These circumstances threw the colony into a state of great fear and alarm. They not only feared the loss of their charter, but that all former settlements relative to intestate estates would be set aside, and that not only families, but the whole commonwealth would be brought into a state of great trouble, animosity and confusion; and that the laws of England relative to such estates, would be established in this colony.

By the answer of the legislature, and their instructions to their agents, it appears that they were in great fear, and almost in a state of despondency relative to the preserJuly 3d, vation of their former rights and privileges. On the reception of a letter from their agent, Jeremiah Dummer, Esq. certifying, that a certain law of the colony, entitled "An

1728.