YALE UNIVERSITY LIBRARY ACQUIRED BY EXCHANGE CONNECTICUT AS A CORPORATE COLONY NELSON PRENTISS MEAD DISSERTATION Submitted in Partial Fulfilment of the Eequibbments foe the degeee of doctob of philosophy in the faculty of Political Science in Columbia TJniveesity Press or the New Era printing Company, lancaster, pa. 1906 H43 lL9 CONTENTS. INTRODUCTION. Continuity of the history of Connecticut 1 English colonization the result of private initiative 2 The proprietary and corporate types of colonial agencies. . . 2 The royal type a later development 3 Characteristics of the proprietary and royal types; the democratic and prerogative elements 3 Characteristics of the corporate type; purely democratic. 4 Grouping of colonial types 5 The three corporate colonies ; their essential identity in form 5 The founders of Connecticut created a de-facto corporate colony by conscious imitation of Massachusetts 6 The royal charter confirmed an existing government 6 Plan of work ; first to consider Connecticut as a type of the corporate colony, and second to consider Connecticut in its relations to the home government 6 CHAPTER I. ORGANS OF LEGISLATION AND ADMINISTRATION. The General Court 7 Organization 7 The Massachusetts commission , . . . 7 The "Corte" before 1639 7 The Court as organized by the Fundamental Orders 8 Special manner of organization 9 Changes made by the charter 11 Separation of the two houses 12 Meetings alternate between Hartford and New Haven 13 Powers 13 Powers of the Massachusetts commission 13 Powers of the General Court before 1639 14 Erroneous idea of the independence of the towns. . 14 Powers granted by the Fundamental Orders 14 iii IV CONTENTS. The broad extent of these powers 15 The General Court the "supreme power of the Commonwealth" 15 No Bill of Rights 15 Varied character of legislation 16 Much special legislation 16 Powers of the General Court in administration. . . 16 The General Court retains control of nearly all branches of administration 17 Quarrel between the two houses over the power of appointment 18 The royal charter made no material change in the powers of the General Court 20 The charter not fundamental 20 Powers of the General Court not changed during the eighteenth century 21 Governor 21 No distinct executive authority before 1639 21 Office of governor provided in the Fundamental Orders 21 Qualifications 22 Powers 22 Summoned the General Court, but could not adjourn or dissolve it 22 Presided over the meetings of the General Court 22 Had no veto power 22 Had few administrative powers 23 Powers as provided by the charter 23 The governor's message 23 The governor's influence in the government depended upon his personality 24 Council 24 The "particular court" 24 The council first provided by the charter 24 Frequent restatement of the council 25 Fear of a "standing" council 26 Powers of the council 26 Control of the council by the General Court 27 CONTENTS. V Absence of council records during the eighteenth century 27 CHAPTER II. FINANCE AND CURRENCY. Scope of the chapter 28 Sources op revenue 28 Direct taxes , 29 Land tax 29 Land assessed according to probable revenue 29 Classification of land 29 General property tax 29 Poll tax 30 Income or faculty tax 30 Crude manner of levying the income tax 31 Exemptions from taxation 31 Indirect taxes 32 Excises 32 Customs duties 32 A primitive protective tariff 33 Tonnage duties 34 Collection of revenue 35 The treasurer 35 The constable 35 Early manner of levying taxes 35 Inequalities of the system 35 The Grand List 36 "Fourfold" assessments 36 The listers and inspectors of lists 36 Excise and customs officers 37 Expenses 37 Provisions for defence 37 Salaries and pensions of soldiers 38 Military supplies 38 Forts and fortifications 38 Coast defence vessels 39 Large military expenses due to the inter colonial wars 39 VI CONTENTS. Salaries of officials 39 Small and irregular 39 Fear of stated salaries 40 Fees more important than salaries 40 Extra compensation and pensions 41 Expenses of colonial agents 41 Provisions for education 41 Provisions for the protection of the natives 42 Appropriations 42 Special appropriations for each expense 42 Controlled by the General Court 42 Auditing committees 42 Currency 42 Lack of a medium of exchange 42 Use of wampum 42 Use of commodities 43 Foreign coins 44 Pine tree currency 44 Variety of currencies in use 44 Act of Parliament regulating foreign coins 45 "Proclamation" money 46 Paper currency 46 First appearance in New England 46 First appearance in Connecticut 46 Frequent emissions 48 Efforts to encourage the circulation of the bills. ... 48 Counterfeiting and mutilation of the bills 49 Made legal tender '. 50 The New London Society emits bills of credit ..... 51 Action of the colonial authorities in regard to them 51 A Connecticut land bank 52 "New Tenor" bills 53 Great depreciation of bills 55 Sinking of the paper currency 56 Issuance of interest-bearing notes 57 A further resort to fiat currency 58 CONTENTS. Vll CHAPTER III. LAND SYSTEM. Title to land 59 Title based upon possession and purchase from the natives 59 Restriction of the right to purchase from the Indians . . 59 Title confirmed by the royal charter 60 Colonial grants 61 The power to grant lands before 1639 61 The power granted to the General Court by the Funda mental Orders 61 Two kinds of grants (a) to individuals, (6) to groups of individuals 61 Individual grants more common in the seventeenth cen tury 61 Grants to groups of individuals more important 61 Purpose of such grants 61 Activity of the General Court in settling new towns. . . 62 The relation of the General Court to the administration of the public domain the same as in the other cor porate colonies f. 62 Town and proprietary grants 63 Variety of treatment in the different towns 63 In the older towns the land was regulated in the town meeting 64 Distinction between proprietors and other inhabitants toward the end of the seventeenth century 65 Contests between the commoners and non-commoners in the different towns 66 Attitude of the General Court 66 Consideration of the New London petitions 67 Victory for the proprietors 68 Organization of the proprietors 68 Administration of land in the towns of the eighteenth century 69 Division and sale of the "Western Lands" 70 Appearance of land speculators and absentee proprietors 72 Division of land 74 Character of land 74 vm contents. Laying out of the town plot and the assignment of home lots 75 Basis of division in the older towns 75 Individual grants 76 Common fields, fences and herds 77 Town commons 77 Restrictions upon alienation of land 78 Basis of division of land in the later towns 79 Common fields and herds less frequent in the later towns 79 CHAPTER IV. MILITARY AFFAIRS. Administration of the militia 80 Powers of the Massachusetts Commission 80 Powers of the Court before 1639 80 Powers conferred on the General Court by the Funda mental Orders 80 Provisions in the charter 80 Councils of war 81 Council controlled by the General Court 82 Contest over the control of the militia 82 Militia placed under the command of the governor of New York 83 Visit of Fletcher to Hartford 83 Colony retains control of its militia 84 Organization of the militia 85 Militia system based upon the assize of arms 85 Trained bands 86 Troopers 87 Officers 88 Duties of the clerk 88 Regimenting of the militia 88 Trainings 90 Forts and fortifications 91 Forts at Saybrook and New London 91 Unsubstantial character of the fortifications 91 Fortified houses 93 contents. ix Colonial "navy" 94 The sloop Defence 94 The brigantine Tartar 94 Indian wars of the seventeenth century 94 The Pequot war 94 Murder of Captain Stone 95 Murder of John Oldham 95 Expedition of John Endicott 95 The force under Major Mason 96 Capture of the Pequot "fort" 97 Dispersal of the Pequots 97 Significance of the struggle 98 Trouble with the River Indians and the Narragansett tribes 99 Capture and death of Miantinomo 99 Philip's war 101 Comparison with the earlier struggles 101 Outbreak of the war 101 Local struggle around Mount Hope peninsula 102 Escape of Philip to central Massachusetts 102 Defence of the upper river towns by Connecticut. . 102 Friction between the Connecticut and Massachu setts troops 102 Expedition into the Narragansett country in the winter of 1675 103 Second expedition into the Narragansett country. . 104 Close of the struggle and its significance 104 Intercolonial wars 103 Comparison between the intercolonial wars and the earlier Indian wars 105 Favorable geographical situation of Connecticut 106 First Intercolonial war 106 Connecticut troops sent to New York and Albany. . 106 Campaign of 1690 against Canada 107 Its failure 107 Trouble between Leisler and Fitz John Winthrop . . 107 Expenses of Connecticut in the war 108 Second intercolonial war 108 CONTENTS. Friction between the Connecticut authorities and the governors of New York and Massachusetts . . 108 Unsuccessful expedition against Canada in 1709 . . 109 Capture of Port Royal 1710 110 Disastrous expedition of 1711 110 Close of the war 110 War with the eastern Indians Ill Aid sent by Connecticut Ill Third intercolonial war Ill The abortive expedition to the Spanish main Ill Capture of Louisburg 112 Close of the struggle 113 Fourth intercolonial war 113 Appointment of commanders-in-chief of the col onial forces 113 Expedition against Crown Point 114 Incapacity of Loudoun and Abercrombie 115 Campaign of 1759 and the fall of Quebec 116 Completion of the conquest of Canada 116 Troops furnished for garrison purposes 116 Connecticut troops in Pontiac's war 117 INTRODUCTION. The central fact in the constitutional development of Connecticut is its continuity. Any division of its colonial history into periods must be largely arbitrary. From the founding of the colony until its separation from the mother country, a period of nearly one hundred and fifty years, the institutional development of the colony was a steady and natural growth. True, there was the Andros regime, but this was merely a brief hiatus in the colony's history, and its effect upon Connecticut institu tions was practically nil. As a type of the New England corporate colony, therefore, Connecticut possesses certain advantages over its prototype Massachusetts. The prog ress of the latter in the evolution of a Commonwealth was seriously hampered, if not cut short, by the substitution of the provincial charter of 1691 for the old corporate charter. Connecticut, on the other hand, was allowed to complete its colonial development largely independent of external control. It would probably be an error to say that Connecticut was in no way affected by the changing attitude of the authorities in England in relation to colonial matters. The growth of imperial control, and the formation of more intimate relations between the home government and the American colonies, which was a feature of the English colonial policy during the latter part of the seventeenth and of the eighteenth centuries, unquestionably had its influence upon the internal de velopment of the colony. Probably many ventures were abandoned, and others not entered upon, because of the fear of the interference from England. The colony lead ers had an ever present example in Massachusetts of 1 Z CONNECTICUT AS A CORPORATE COLONY. what too strenuous opposition to Imperial control was* liable to result in, and they probably deemed it wiser to bend than be broken. But this does not alter the essen tial fact that Connecticut presents the spectacle of a self- centered corporate colony, which, throughout its colonial history, shaped its own institutions in its own way. That this was done generally with wise conservatism, was due in a large measure to the sagacity and good sense of the colonists, and to the ability of the leaders who were called to direct the affairs of state. Connecticut has been referred to as a type of the New England corporate colony. A word needs to be said as to the chief characteristics of this type of colonial gov ernment. English colonization during the seventeenth century was the result of private initiative. The English Crown was not directly a colonizing agency. It might, and it did, encourage colonization, by making large grants of territory, and by bestowing trade privileges and sub ordinate rights of government, but the Sovereign was slow to embark upon adventures involving considerable financial outlay, with no great certainty of success. Such exploits were left to more enterprising individuals. If they succeeded, it would redound to the honor and pos sible profit of the Crown ; if they failed the Sovereign was not the loser. Individual effort in colonization found expression in two types of colonial agencies, the proprietorship, and the corporate colony. It was only when colonization had passed beyond the experimental stage, and the possibili ties of profitable exploitation of the colonies had become manifest, that the King took a direct interest in and con trol of colonization. Such control implied the metamor phosing of the two earlier types of colonial government into a new type, which would bring the colonies into INTRODUCTION. 3 closer relations with the mother country. This transi tion introduced the third type, that of the royal province. Viewed then from the standpoint of imperial control, the three types of colonial government would be grouped, the corporate and proprietary on the one hand, and the royal on the other. But there is another way of looking at the colonies, namely, from the standpoint of their internal organiza tion, leaving out of sight entirely, their relations with the Home government. From this point of view, as will be seen, a different grouping of the three types is neces sary. The proprietorship was the earliest type of colonial agency. The granting of large tracts of unsettled terri tory was a convenient and inexpensive method of re warding favorite courtiers or needy nobles. In making such grants the fief was selected as the form of grant, while in conferring subordinate rights of government, the powers of the Counts palatine were selected as a model.1 This implied conferring upon the Proprietor semi-regal powers; he, or they, became the head and source of all governmental authority in the province. In essence the government of the proprietary province was monarchical. But in time there came to exist in all the proprietary governments, generally by concession of the proprietors, a democratic element. This was represented by the lower, the elected, branch of the legislature. Conflict was almost certain to develop between the monarchic element in the government, represented by the Proprietor or his deputies, and the democratic element in the legislature. This conflict is the central thread in the constitutional development of the proprietary provinces. What has 'Osgood, Proprietary Province as a Form of Colonial Government, Am. Hist. Review, 1897. 4 CONNECTICUT AS A CORPORATE COLONY. been said of the internal organization of the proprietary provinces, is equally true of the royal type, the King merely taking the place of the individual proprietor. If any distinction is to be drawn between the two types, it would be that, owing largely to the more exalted and powerful position of the King, the prerogative element in the royal provinces was stronger than in the proprietary provinces. In a broad sense the internal organization of the two types was the same; neither was self -con sistent, both contained elements which were discordant, and harmony could be restored only by the elimination of the democratic or the prerogative element of the sys tem. As events proved, the latter was destined to give away. When we come to examine the internal organization of the corporate type, a marked difference appears. As the fief and the palatinate were the models upon which the proprietary grants were made, so the trading corporation was the pattern for the corporate type. This implied the centering of authority in a " General Court" com posed of all members of the company, or all freemen of the colony when the company and colony became one. By this Court were chosen all the officials of the colony, and from it radiated all the various functions of govern ment. It became the very heart of the colony's political body. In this type of colony, the immediate source of authority was the colonists themselves, not the King nor the proprietor. From the first, the democratic element was supreme, the monarchic element entirely lacking. There was then, nothing inherent in the internal structure of the corporate colonies, which would lead to such a con flict as has been indicated was inevitable in the royal and proprietary provinces. It was an easy and natural transition from the type of corporate colony, to the dem- INTRODUCTION. 5 ocratic commonwealth. No material change was needed to fit these colonies into their new places in the American nation. Nothing more clearly shows this than the fact that the cnly two corporate colonies, Connecticut and Rhode Island, which remained such throughout the colo nial period, retained their old corporate charters, as com monwealth constitutions, one for more than forty years, and the other for more than sixty years, after the sepa ration of the colonies from England.1 From the standpoint of internal organization, then, the three types of colonial government would be grouped; the royal and proprietary provinces on the one hand, and the corporate colonies on the other. Of the three American colonies which are included in the corporate type, 2 one, Massachusetts, was founded by a corporation created in England, while two, Connecticut and Rhode Island, were formed by the creation of a cor poration in the colony. The three, however, became identical in form, through the removal of the Massachu setts corporation into New England, and its identification with the colony. During the first twenty-five years of the history of Con necticut, the colonists lived under a de facto government formed by the voluntary compact of the settlers. While they lacked the guarantees of a royal charter, they were also free from its restrictions. The colonists might, if they chose, have struck out along lines radically new. But this was not done. The founders of Connecticut were 1 Connecticut retained her charter as a state constitution until 1818, Rhode Island until 1842. 2 Virginia though founded by a trading company did not attain the char acteristics of a corporate colony, as the London Company did not remove to Virginia and become merged with the colony. The two colonies of Plymouth and New Haven, while they developed the internal structure of corporate colonies, never received royal charters and in time became ab sorbed, one by Massachusetts and the other by Connecticut. 6 CONNECTICUT AS A CORPORATE COLON"?. I Puritans to the core. Most of them had lived in the Massachusetts colony for a greater or less period of time, and were in general sympathy with the principles and ideals of that colony. Nothing was more natural than that they should reproduce in their new homes a gov ernment similar in outline, if not in detail, to that of the Bay Colony. That this was done, becomes apparent from an examination of the records. In consequence, Con necticut formed by conscious imitation of Massachusetts, a government embodying all the essentials of a corporate colony. Nothing was lacking but a royal charter to make the de facto government de jure, and when through the ability of John Winthrop, the younger, and the gen erosity of Charles II, such a charter was obtained, it merely confirmed an already existing condition of affairs. It is the purpose of this study to trace out in consider able detail, the internal development of Connecticut as a type of the corporate colony. Emphasis will naturally be laid upon constitutional questions ; economic and social considerations only being touched upon as they affected, or were affected by the constitutional development of the colony. Secondly an attempt will be made to consider Connecticut as a part of the British Empire; to show how her position was, from the standpoint of imperial control, an anomalous one; how the English administra tors tried to bring the colony into closer and more har monious relations with the home government, involving several attacks upon the charter, and finally, how the colony was enabled to avert these attacks and preserve its institutions intact throughout the colonial period. CHAPTER I. Organs of Legislation and Administration. The constitutional history of Connecticut begins with the removal from Massachusetts in 1636-37 of the three river towns of Hartford, Windsor and Wethersfield.1 After residing in the bay colony for a number of years, the inhabitants of these towns, for a variety of reasons,2 sought new homes on the banks of the Connecticut. In granting permission to remove, the General Court of Massachusetts appointed a commission of eight of the prospective settlers, to order the affairs of the new settle ments, for a period of one year.3 No attempt was made by the parent colony, after the towns had left her juris diction, to exercise any manner of control over them. There is no evidence that the commission was account able in any way for its acts to the authorities of Massa chusetts. On May 11th, 1637, at the end of the year for which the commissioners were chosen, there met at Hart ford the first "Genrall Corte" of the infant colony. This Court was probably summoned by the retiring com mission, as this was one of their specified powers. The new body consisted of six Magistrates, four of them members of the old Commission, and nine Deputies elected by the towns, the three from each town being known as its "comitee."* The records do not indicate the manner in which the Magistrates were chosen, but 1 The three towns while in Massachusetts and for a year after their removal were called respectively, Newtown, Dorchester and Watertown. 2 Osgood, American Colonies in the Seventeenth Century, I, 301. 3 Mass. Col. Rec, I, 170. * Conn. Col. Rec, I, 9. 7 8 CONNECTICUT AS A CORPORATE COLONY. from a contemporary authority we learn that they were elected by the Deputies.1 In this form the General Court continued until the formation of the famous "Funda mental Orders" in 1639. In this "First Written Constitution" it was provided that there should be a General Court, which should meet in two stated sessions annually, and at such other times as was deemed necessary. The spring session of the General Court, known as the Court of Election, consisted of all the freemen that wished to attend, and at this Court were elected the Governor and Magistrates, and such other officers as were from time to time provided. When the elections had been completed, the Court organized for legislation, and consisted simply of a Governor, at least six Magistrates, and Deputies from the towns.2 The fall meeting, and such others as were from time to time sum moned by the Governor, were similarly organized. The quorum of the Court when organized for legislation, was fixed at at least four Magistrates, with the Governor or a moderator, and a major part of the Deputies. The composition of the Court of Election as a primary electoral body, was soon changed. The spread of settle ments had made a general meeting of the freemen incon venient, and the practice of sending the votes of the free men to the Court of Election by the Deputies of the towns was early adopted.3 With this adoption of proxy voting the distinction between the composition of the Court of Election and the ordinary sessions of the General Court practically disappeared.4 iConn. Hist. Soc. Colls., I, 13. 2 The constitution fixed the number of Deputies at four from the towns of Hartford, Windsor and Wethersfield and for such other towns as were later admitted " as many as the Corte shall judge meete." » Conn. Col. Rec, I, 346. '- Bishop, History of Elections in the American Colonies, Columbia TJniv Studies, III, 139. ORGANS OP LEGISLATION AND ADMINISTRATION. 9 The constitution specified in detail the manner in which the Governor, Magistrates and Deputies were to be chosen. The ballot was used in all elections. All persons chosen to the Magistracy were required to be freemen of the colony, and to have been formerly nominated in some General Court by the Deputies or the Court as a whole. In the election of Governor and Magistrates, the person receiving the greatest number of votes was chosen Governor; then the name of each person that had been placed in nomination was voted upon separately, and all those that received a greater number of affirmative than negative votes, were chosen Magistrates, provided at least six were so chosen. The Deputies were chosen before each session of the General Court by the admitted inhabitants of the towns, at town meetings summoned for the purpose by the con stables. The constitution also provided a special manner for organizing the General Court. In case the Governor and Magistrates should fail to summon the two stated ses sions, and at such other times as the "occations of the Commonwealth require," the freemen were empowered to do so. Such a Court should consist of a majority of the freemen, or their deputies, presided over by a Mod erator chosen by the freemen.1 The constitution seems to distinguish two bodies of electors. Only such as were "admitted freemen" could take part in the choice of the Governor and Magistrates at the Court of Election. On the other hand, all "ad mitted inhabitants" of the towns had a voice in the 1 This provision, which was never put in practice, was an expression of the democratic sentiments of the founders of Connecticut. It was probably suggested by the controversy which was carried on in the early years of the Massachusetts colony over the unlimited power of the Magistrates. Osgood, American Colonies, I, 157. 10 CONNECTICUT AS A CORPORATE COLONY. choice of deputies.1 This distinction, however, if it was ever clearly recognized, in time disappeared.2 The Magistrates and Deputies sat and voted as one body, and the latter which at first was double the number of the former, and growing larger with the admission of each new town, might if they saw fit, exert a preponder ating control over legislation.3 This condition of affairs continued until 1645, when the Magistrates were given the negative voice, although they continued to sit with the Deputies in one house, until the end of the seventeenth century.4 The General Court, as organized by the Fundamental Orders, continued with but slight change until the grant ing of the Royal Charter. The quorum of the Assistants ' Col. Rec, I, 21, 23. 2 The admission of freemen was one of the functions of the General Court. At first any person of proper age and " peaceable conversation " might be admitted. In 1659 it was provided that only persons twenty-one years of age, having a personal estate of 30 pounds, or those who had held some office in the commonwealth might be admitted. Two years before the same qualifications were required for " admitted inhabitants.'' In 1675 the property qualification was fixed at ten pounds estate in land, and in 1689 at forty shillings. In the same year the power of admitting free men was given to the local authorities. Any person possessing a freehold estate to the value of forty shillings, upon presentation of a certificate to that effect from the selectmen of the town where he resided should be enrolled as a, freeman without any action on the part of the Court. With this act the distinction between freemen and admitted inhabitants dis appears. Col. Rec, I, 293, 331; II, 253; IV, 11; VII, 259. The proportion of freemen to the total male population of voting age is difficult to ascertain, but it was probably a small proportion. From the formation of the Constitution to the granting of the charter, a period of more than twenty years, there are on record but 229 names of persons admitted as freemen. In 1669 the total number of freemen was one thou sand seven hundred and eighty-nine out of a population of three thousand males capable of bearing arms. In 1740 in a warmly contested election there were four thousand votes cast while the male population of military age was about fifteen thousand. Col. Rec, II, 518; N. Y. Col. Doc. Ill 262; Douglass Summary, II, 179. 'The number of Magistrates gradually increased from six to twelve. * Col. Rec, I, 119. ORGANS OF LEGISLATION AND ADMINISTRATION. 11 in general Court was reduced in 1644 from four to three.1 In 1646 the General Court changed the time of holding the Court of Election, from April to May.2 In 1654 it was provided that in the absence of the Governor and Deputy Governor, a major part of the Magistrates might summon a meeting of the Court, which should be pre sided over by a Moderator, chosen by the members of the Court.3 In 1661 the General Court suggested to the free men that the number of deputies be reduced one half, but no action was taken upon the proposition.4 The Royal Charter, issued in 1662, made some minor changes in the organization of the General Court. The number of Magistrates, which had grown from six to twelve, was fixed at the latter number. On the other hand, the number of deputies was restricted to two from each town.5 The Charter contemplated the choice of the Governor, Magistrates and other officers, at a general meeting of the freemen. This, as we have seen, had also been provided in the Fundamental Orders; but the con venient method of voting by proxy which had been adopted, was continued despite the provisions of the Charter. The changes in the organization of the General Court subsequent to the granting of the Charter were, with one or two exceptions, of but slight importance. In 1689 a change was made in the manner of nominat ing the Governor, Deputy Governor and Assistants, whereby the nominations were made directly by the free men.6 This provision lasted but three years, when the ^bid., I, 119. 'Ibid., I, 140. 3 Ibid., I, 256. 'Ibid., I, X2. "Poore's Charters and Constitutions, I, 253 et seq. Col. Rec, II, 1. e Col. Rec, IV, 12. 12 CONNECTICUT AS A CORPORATE COLONY. former method of nomination by the General Court was restored.1 Five years later the method of direct nomina tion was again resorted to.2 In 1698 The General Court obtained the form it was destined to maintain throughout the colonial era. It will be remembered that while the Magistrates had been given the negative voice in 1645,. they had continued to sit with the Deputies as a uni cameral legislature. In 1698, however, the two houses were separated.3 The Upper House, now often called the Council,4 consisted of the Governor, Deputy Gover nor, and the Assistants. The Lower House consisted of the deputies from the towns, who were empowered to, choose a speaker to preside over their deliberations, to appoint all needful officers, and to make all necessary rules for carrying on the business of the house. To each ilbid., IV, 81. 2 Ibid., IV, 223. These changes were the result of a controversy be tween the " aristocratic " and democratic parties in the colony. Samuel Willis in several letters to Fitz John Winthrop throws some light on these controversies. Willis was identified with the colonial aristocracy of the time which felt that the democratic spirit was becoming too strong in the colony. He suggested that a modification of the charter be obtained from the King so that " persons of mean and low degree be not improved in the chiefest place of civill and military affairs . . . but that persons of parintage, education, abilitye, and integrity be settled in such offices." At another time he writes : " Mr. Henry Woolcott and younge Mr. Chester both secluded the Houses of Comons the last sessions in Octbr, and an eminent syder-drinker in the roome of one and a person risen out of obscurity in the place of the other." Mass. Hist. Soc. Colls., 6th Series, III, 17, 31. 3 Tire separation of the two houses was another movement on the part of the colonial aristocracy. Willis in writing to Winthrop said, — " There are two things effected since your Honr came to the Governmnt wch I judge will much conduce to the wellfaire of the Colony if they be con tinued: That the Magistrates and Deputies sitt distinct & that the justices be stated and comissioned and not annually chosen, wch will much strengthen the Governmt, when they are not at the despose of the arbitrary humors of the people, and yet subject to be called to accompt by the General Court or to be displaced for delinquency." Mass. Hist. Col., 6th Series, III, 44. * Not to be confused with the Governor's Council. ORGANS OF LEGISLATION AND ADMINISTRATION. 13 house was granted the negative voice,1 and a parity of powers in legislation.2 Throughout the seventeenth century, the meetings of the General Court had been held regularly at Hartford.3 In 1701 it was provided that the October session of the Court should be held at New Haven, the spring session continuing at Hartford.4 Ten years later this arrange ment was discontinued, only to be reestablished the fol lowing year,6 and in this form it continued throughout the colonial period. The powers of the commission which controlled the affairs of the three river towns during the first year after their migration, were stated in the law creating it. It was empowered to administer justice, and to make such orders "for the peaceable and quiett ordering the affaires" of the plantations, in the granting of lots, reg ulating trade, military discipline and defensive war. It was also empowered to summon the inhabitants together as a Court.6 From the records it is apparent that the commissioners exercised most of the functions conferred upon them. They regulated trade with the Indians, swore in constables for the towns, provided for the main tenance of military watches and trainings, gave names to the towns, ratified certain church proceedings, and per formed the duties of a court of justice and probate.7 The Powers of the General Court which displaced the Commission are not set forth in any law or order, but it i Col. Rec, IV, 282. 1 1 can find no warrant in the records for the statement that the Deputies alone could initiate legislation granting money. Jones, History of Taxation in Connecticut, J. H. U. 8., XIV, 375. - Except during the first year of the colony's history when the meetings alternated among the three towns. Col. Rec, I, 1, 2, 3. * Col. Rec, IV, 343. s Col. Rec, V, 328, 381. e Mass. Col. Rec, I, 170. ' Conn. Col. Rec, I, 1-9. 14 CONNECTICUT AS A CORPORATE COLONY. assumed and exercised a still wider control over the towns, than had the Commission. Its first act was a declaration of war against the Pequot Indians. It fixed the quota of men and supplies to be furnished by each town; it levied a tax upon the towns, and chose a treas urer to collect it. In short this General Court was, in all essential points, a reproduction of its Massachusetts prototype. There is no evidence in the records that the towns bore any different relation to the General Court, than was the case in the Bay colony. The theory, which has been advocated by several writers of Connecticut history, that Connecticut was founded by a federal union of three independent towns, with residuary powers of government in the localities appears to be entirely erron eous.1 When in 1639 the people of Connecticut organized their government on a more permanent basis, the powers of the General Court were more definitely specified. It was stated that in the General Court should reside "the su preme power of the Commonwealth" to make and repeal laws, admit freemen, dispose of the public land, inflict punishments for crimes and misdemeanors, and "deale in any other matter that concerns the good of this com- onwelth," except the election of Magistrates, which was done by the whole body of freemen.2 The power thus conferred, or that which the legislature assumed, was much greater than at the present day is thought safe or x Johnston, Connecticut, a Study of a Commonwealth Democracy, 61. For a full and clear examination of this question see Andrews Three River Towns of Connecticut, J. H. V. 8., VII. 2 The interpretation placed by Dr. Bronson on this clause of the con stitution, namely, that the "supreme power of the commonwealth" was not in the ordinary General Court but only in the extraordinary Court summoned by the freemen, does not seem to be justified if the tenth article is read as a whole and in connection with the other articles of the constitution. Bronson, Early Government in Connecticut, New Haven Hist. Soc. Papers, III, 316 et seq. ORGANS OF LEGISLATION AND ADMINISTRATION. 15 expedient to grant to such bodies. Within its sphere the power of the General Court resembled much more closely that of the British Parliament to-day, than that of our own federal or state legislatures. In a very real sense it was the "supreme power of the commonwealth." The founders of Connecticut did not conceive of a government of three coordinate branches. The legislature was un questionably the preeminent branch of the governmental machinery. The executive and judicial branches were in a large measure subordinate, rather than coordinate parts of the government. Furthermore, the competence of the General Court was not limited by the so-called con stitution. Whenever the General Court felt that the ' ' Fundamentals ' ' should be altered, it was done with no more apparent formality, than was required in passing an ordinary law. No extraordinary majorities were re quired, nor was it necessary to submit amendments to the people for ratification.1 There were no individual rights which the General Court was bound to respect. The idea of an absolute sphere of individual immunity from all governmental action, which forms such an essential part of the modern American theory of government2 was quite foreign to the political science of our Puritan an cestors. That the legislators used their extensive powers to the 1 In the light of these easily ascertained facts, it seems strange that so many writers have maintained that the constitution of 1639 was the first example of a " written " constitution in history. In point of fact it lacked the most essential characteristic of a "written" constitution, viz., that it was not the " Supreme law of the land " in the sense that it bound the legislature as well as the people. In force the constitution was no more than so many statutes. Johnson, op. cit., 63; Fiske, Beginnings of New England, 127; Bancroft, Hist, of the U. S., I, 402; Bryce, Studies in History and Jurisprudence, I, 170. 2 These immunities are contained in the so-called " Bills of Rights " found in all modern American constitutions. No such Bill of Rights was contained in the Connecticut instrument of 1639. 16 CONNECTICUT AS, A CORPORATE COLONY. full, a brief examination of the records will reveal. To the rulers of Connecticut no subject was too trivial, and none too great to be considered a proper subject for legis lation. From the making of war to the building of bridges, and from the formation of towns to the regula tion of wages, all questions which advanced or retarded the sum of human happiness were undertaken with equal facility by the Solons of Connecticut. For the most part inexperienced in matters of government, the work of the legislature was crude, and often not founded on any fixed principles. Few laws were passed until the neces sity for them was felt, and then they were applied to the particular case under consideration, with the result that much of the legislation was of the kind called special. A great part of the legislation was initiated by means of petitions. These petitions touched a great variety of subjects, and each one was decided upon its merits. The use of committees as a part of the legislative machinery early became common, but the committee system was never perfected to the extent which appears in the mod ern legislative regimes. Those functions of government which are usually termed administrative, in distinction from the purely legislative functions, were largely retained by the General Court, and not given to the executive authorities. In military administration, while a committee or council of war was usually appointed, in times of danger, it was the creature of the General Court, subject to its orders and responsible to it for its actions. The administration of financial affairs was from the first under the control of the General Court. The collection and expenditure of public revenue, the regulation of the monetary system, and all the details of fiscal affairs, were completely con trolled by the General Court. In judicial administra- ORGANS OF LEGISLATION AND ADMINISTRATION. 17 tion,1 the legislature again was supreme. Courts were created, and their jurisdiction fixed by the General Court, while the judges and justices, for the most part, were appointed by the Court. In that department of adminis tration which might be termed ' ' foreign affairs ' ' i. e., in questions concerning the relation of the colony to its neighbors, and to the mother country, the legislature maintained control. The Governor, it is true, was the medium through whom communications were sent, and received, to and from the home government or the neigh boring colonies, but he was responsible to the Court for his acts, and referred all matters of importance to that body. Finally, in the administration of internal affairs, i. e., in providing for the health, peace and moral well being of the people, the activity of the General Court was detailed to the point of becoming burdensome.2 The building and repairing of roads and bridges, and pro visions for religion and education, were important func tions of the legislature, while the interference of the Gen eral Court in private business and personal affairs, was of a nature that to-day would be considered intolerable. The power of appointment, which at the present time is more often associated with the executive than the legis lative department, was in a large measure retained by JBy this is meant not the ordinary procedure of the courts of justice, but the creation and regulation of such courts. Goodnow, Comparative Administrative Law, I, 1 et seq. The position of the General Court as a part of the judicial machinery of the colony will be treated in the chapter on judicial affairs. 2 One or two instances might be noted. In 1641 the General Court ordered the constables of the towns to observe the persons in their towns, and apprehend such as wore clothes " beyond their condition and rank " and present the same to the Court for censure. In the same year the Court having learned that the soil of the colony would produce hemp and flax, ordered that every family should plant at least one spoonful of hemp seed. The wages of laborers and mechanics were specified in detail and any person accepting higher wages was open to the censure of the Court. Col. Rec, I, 52, 61, 64, 65. 18 CONNECTICUT AS A CORPORATE COLONY. the General Court. Furthermore, in case of a vacancy in an elective office, from death or other cause, the Assem bly assumed the right to fill such vacancy.1 Upon the sepa ration of the legislature into two houses, a serious and prolonged dispute arose as to whether each house pos sessed the negative voice in appointments and elections, as was the case in legislation. In 1707, upon the death of Governor Fitz John Winthrop while in office, a special session of the General Court was called to fill the vacancy. On this occasion, the votes of the members of both houses were mixed together before they were counted.2 In 1716, however, the two houses having failed to agree in the choice of certain officers, the Deputies passed the follow ing resolution. "Resolved; That since ye Honble ye Upper House do not think fit to agree with us in ye Appointment of sev eral needful officers in this Government, This House de sire and insist, That ye. Election of ye persons not yet agreed upon may be now performed according to ye privilege of ye Charter and ye Direction of ye law, whereby is given to each member of this Assembly, an equal Vote in ye Election, excepting only ye Govr. and in his Absence to ye Deputy Govr., a double vote when an Equivote shall happen."3 The Upper House would not agree to this but voted to "consent to have it con sidered in a Conference of both Houses, concluding that it will be found inconsistent with the Charter."4 This appeal to the Charter by both houses is charac teristic, but hardly convincing. The Charter did not > A number of vacancies occurred as a result of the change in the manner of choosing officials from plurality to majority vote in 1742 Col Rec VIII, 453. ' *eC-* 2 MS. Rec. Civil Officers, I, 84. 3 Ibid., I, 145. 1 Ibid., I, 162. ORGANS OF LEGISLATION AND ADMINISTRATION. 19 contemplate the separation of the legislature into two houses. This had been done by simple legislative action in direct violation of the terms of the Charter. If the legislature could effect such a fundamental change, it was far-fetched to claim that it was beyond the com petence of the legislature to alter a mere formal procedure in elections. For a number of years, at each session of the General Court, the question recurred, and threatened to seriously interfere with the governmental machinery.1 Finally, in 1723 a compromise was reached so far as it concerned the choice of judges and justices. Either House could pre pare a list of names, which was submitted to the other House. The latter could strike out such names as it saw fit, and add new ones, when the list was returned to the House in which it originated, and the process continued until a sufficient number of names were agreed upon by both Houses.2 In principle, this was a victory for the Upper House. The same year, however, the whole ques tion arose again upon the choice of a successor to Deputy Governor Gold, who had died in office. The Lower House desired that the two Houses meet in a joint convention, but this was refused by the Upper House. After some discussion the Lower House gave way, and Jos. Talcott was chosen Deputy Governor by the two Houses voting separately.3 The matter became more serious the follow ing year, when it became necessary for the General Court 1 Between 1717 and 1723 several compromise propositions were sug gested by the Upper House but they were all negatived by the Lower House. MS. Rec Civil Officers, I, 173, 175, 322, 327. 2 Col. Rec, VI, 328. 3 The Upper House chose Peter Burr who was negatived by the Lower House which chose Joseph Talcott who was negatived by the Upper House. The Lower House then chose Jonathan Law but the Upper House dissented. The following day the Upper House chose Joseph Talcott with which the Lower House concurred. MS. Rec. Civil Officers, I, 440, 441, 442. 20 CONNECTICUT AS A CORPORATE COLONY. to choose a successor to Gov. Saltonstall, who had died suddenly of apoplexy. On this occasion the Lower House stood firm in its contention that the election should be held by the two houses in joint session, and the Upper House finally agreed that "for the present occasion and for no other purpose or intent whatever," the two houses should be resolved into one assembly, and the election should proceed as had been done formerly before the separation of the Houses. The joint assembly then chose Joseph Talcott, Governor,1 The difficulty recurred with almost every election. The Lower House would re iterate its "Charter Right to an election" by a joint as sembly, but in most, if not all cases, the Upper House was able to maintain its position.2 The question was not finally settled during the colonial era. The powers of the General Court which have been out lined were not altered in any material respect by the Royal Charter.3 To the colonists, the Charter was a bulwark of defence against the encroachments of the home government or the neighboring colonies, to which they were quick to appeal in times of danger; but it was not considered as a limitation upon the powers of the General Court. In fact the Charter was no more "fun damental" than was the original constitution. Its pro- 1 Col. Rec, VI, 483. 2 In 1748 there was a contest over the choice of Deputy Governor, none of the candidates receiving a majority of the votes cast at the Court of Election. After considerable bickering Roger Walcott was elected by the two houses voting separately. MS. Rec Civil Officers, III, 140-143, 167. 8 The suggestion made by Dr. Baldwin that the charter contemplated making the General Court merely an electoral and advisory body and vesting the legislative power in the Governor and Assistants, is hardly tenable. While such an interpretation might be drawn from the careless wording of the instrument, no such meaning was placed upon it by the colonial authorities and I have been unable to discover any contemporary expression by Winthrop or the other colony leaders that such was the intention of the authorities in England. Baldwin, Three Constitutions of Connecticut, Neio Haven Hist. Soc. Papers, V, 186. ORGANS OF LEGISLATION AND ADMINISTRATION. 21 visions were changed or modified by the General Court with the same freedom as had been done with the "Fun damental Orders."1 The eighteenth century brought no material change in the powers of the General Court. In fact the powers of the legislature in the corporate colonies do not repre sent a gradual development, as was the case in the provinces. In the former the powers of the legislative body were ample from the beginning, and the only prob lem which confronted the colonists was how to maintain these powers intact from the encroachment of the home government. In this Massachusetts failed, while Con necticut and Rhode Island, by more judicious use of their powers, were enabled to maintain their liberal form of government throughout the colonial period. During the first three years of the colony's history no distinct executive authority appeared. All the functions of government, executive and judicial as well as legis lative, were centred in the Massachusetts Commission and in the Court which displaced the Commission. In the Fundamental Orders the first attempt was made to differentiate the functions of government. Here it was provided that there should be a Governor chosen each year by the freemen of the colony.2 Like the other magis- 1 Two important changes in the charter effected by the General Court have already been noted, namely, the separation of the legislature into two houses and the adoption of proxy voting. Professor Bryce says that the colonists became accustomed to the idea of an instrument superior to the legislature and the laws which it passed, because they possessed » charter which could not be changed by the legislature. While in theory the legislature was bound by the provisions of the charter, in point of fact, the General Court, as has been seen, made fundamental changes in its pro visions, and it must be admitted that there is no evidence that the colonists, at least in Connecticut, became acquainted with the essentials of a " rigid " or " written " constitution from their experience with a royal charter. Bryce, op. cit., I, 170. 2 No mention is made of a Deputy Governor, but the Magistrate receiv ing the greatest number of votes next to the Governor bore the title and exercised the functions of a Deputy Governor. 22 CONNECTICUT AS A CORPORATE COLONY. trates, the Governor was nominated in some Court before the Court of Election. He must, moreover, be a member of some "approved congregation," and have been for merly a magistrate. No person could be chosen Governor more than once in two years.1 The Charter made no change in the organization of the executive, except that it specially provided for a Deputy Governor, as well as a Governor. Upon the Governor fell the duty of summoning the two regular sessions of the General Court, and also, with the advice of a major part of the magistrates, at such other times as was deemed necessary. While the Governor could summon the General Court, he could not prevent its meet ing, neither could he adjourn or dissolve it, without its con sent. The Governor, or Deputy Governor, presided over the sessions of the General Court. He could give "lib erty of speech," put all questions to vote, and in case of a tie have the casting vote. He did not have the power to veto any act of the General Court. The Charter, in theory, slightly increased the power of the Governor in legislation. He only, or in his absence the Deputy Gov ernor, could summon any General Court, and no Court could be held without his presence or that of the Deputy Governor. He was not given a casting vote in case of a tie, but this power seems soon to have been reestab lished.2 The Charter failed to state, as did the constitu tion, that no General Court could be adjourned or dis solved without its own consent.3 There is no evidence, 1This provision was another expression of the democratic sentiments of the founders of Connecticut. In practice the restriction was of little value. While in force there was a tolerably regular succession in the offices of Governor and Deputy Governor, the incumbents merely changing places each year. In 1660 the restriction was entirely removed by striking out this clause of the constitution. Col. Rec, I, 346, 347. "" « Code of 1672. * This provision reappeared in the Code of 1672. ORGANS OP LEGISLATION AND ADMINISTRATION. 23 however, that the Governors subsequent to the granting of the Charter, exercised any greater control over legis lation than had those under the constitution. At no time during the colonial period could the Governor be con sidered a coordinate branch of the legislature. He was simply the presiding officer of the Court, and, after the separation of the legislature into two houses, of the Upper House. While it does not appear that the Governor communi cated advice to the General Court in the shape of a message at each session, this method was not infrequently employed. Such communications were not materially different from similar documents at the present day. Information was given as to the general state of the colony, communications from the home government and the neighboring colonies were referred to the considera tion of the Court, and advice was given regarding neces sary legislation.1 At times the message was referred to a committee of the Court which reported upon the recom mendations.2 It has been noted that the General Court retained most of the administrative functions of government in its own hands. Here, as in legislation, the Governor did little more than register the will of the legislature.3 A mere enumeration of the powers of the Executive, however, would give a wrong impression of the actual influence exerted by the Governor, as a part of the gov- 1 See messages of Gov. Fitz John Winthrop, Mass. Hist. Colls., 6th Ser., Ill, 157, 184, 290, and of Gov. Talcott, Conn. Hist. Soc. Colls., IV, 289. See also MS. Rec Civil Officers, I, 97, 163, 286, etc. 2 MS. Rec Civil Officers, I, 171. 3 In 1721 Gov. Saltonstall claimed' that according to the charter the Governor should nominate all officers appointed by the General Court, but he agreed to submit to the opinion of the two houses. The court decided that it could not accept the views of the Governor. MS. Rec Civil Officers, 1, 286, 288, 290. 24 CONNECTICUT AS A CORPORATE COLONY. ernmental machinery. While his powers in the abstract were slight, his influence was unquestionably, in most instances, extensive. This influence depended in a large measure upon the personality of the Executive and upon his ability to maintain friendly relations with the legis lature and direct the legislation which he could not con trol. In most cases the persons chosen to the office of chief magistrate, fulfilled these requirements admirably. While the term of office was nominally one year it came to be practically a permanent tenure.1 Rarely was a person once chosen Governor retired, except by death or some other infirmity. Chosen generally from among the leading families,2 respected by the freemen who elected him, there is abundant evidence in the records that the chief magistrate wielded considerable influence in shaping the affairs of the commonwealth. From the foundation of the colony the Governor or Deputy Governor, with the assistants, had met together as a "Particular Court," but the functions of this body were mainly judicial.3 It was not until the granting of the Charter that the assistants appear distinctly as an advisory administrative body to the Governor. The Charter provided that the Governor or Deputy Governor, and the assistants, should "apply themselves to take care for the best disposing and ordering of the general busi ness and affairs" of the colony. A few months after 1 After 1660 when the restriction preventing a person from being chosen Governor more than once in two years was removed, there are but three instances in which a person having been chosen Governor was not reelected yearly for life. 2 A contemporary authority says,—" In all their elections of Governor, councellcrs, representatives, judges and other public officers, by custom they generally choose the most worthy." Douglass, Summary, II 158. 3 Col. Rec, I, 71, 81, 119, etc. The Fundamental Orders' stated that the Governor and Magistrates should " administer justice according to the laws here established, and for want thereof according to the rule of the word of the Word of God." ORGANS OF LEGISLATION AND ADMINISTRATION. 25 the receipt of the Charter, the General Court constituted the assistants a standing council "to act in emergt oc casions that concerne ye welfare of this colony."1 From the fragmentary records, it appears that the Council be gan to act in matters of importance. By its order, a com mittee was dispatched to the town of West Chester to settle certain disputed questions. Orders were sent to towns on the eastern end of long Island, warning them to submit to the authority of Connecticut, and a rate was ordered to be levied on these towns. The town of Wick- ford was named by order of the Council.2 The activity of the Council was, however, cut short by the repeal, two years later, of the act under which it was constituted.3 The Council reappeared in 1675.4 To the Governor and assistants were added two military officers and two civilians. The powers of the body were more definitely stated. They were to have "as full power as the Charter will allow," to act in "all matters and things emergent" provided their acts were not inconsistent with the Char ter.5 The order constituting the Council was to remain in force only until ih.e next meeting of the Court, at which time the Council was again constituted with certain changes in the names of individuals added, and without any limitation as to time.6 In 1678 all names of private citizens were stricken from the commission, and at each session of the General Court from then until the coming of Andros in 1687, the Governor and assistants were con stituted a council.7 The General Court was careful to 1 Col. Rec, I, 397. The assistants appear to have been acting as a Council before this act was passed. Ibid., I, 398; II, 331. « Col. Rec, I, 406, 407, 424. 3 Ibid., I, 440. ' In 1673 there was created a Council of War which is not to be con fused with the Governor's Council. s Col. Rec, II, 261. s Ibid., II, 270. ' The quorum of the Assistants was fixed at three. Col. Rec, III, 15. 26 CONNECTICUT AS A CORPORATE COLONY. restrict the powers of this body. In 1691 it was provided that they could raise no money, nor make any alteration in the Charter, and to these restrictions was later added the provision that they should send no men out of the colony, except in cases of emergency.1 This evident jeal ousy of a standing council, shown by the General Court reconstituting it at each session and specifying its powers was, possibly, a reflection of the controversy over a simi lar question in the early days of the Massachusetts colony.2 Upon the resumption of government under the Charter after the overthrow of Andros, the Council reappeared. For a number of years, at each session of the Court, spe cial acts constituting such a body were passed. At times certain deputies or freemen were added to the assistants, and on one occasion the Governor was empowered to choose his own Council.3 The last time that the Council was specifically "stated" was in 1719, though it appears that the assistants continued to meet at intervals, as a Council, throughout the eighteenth century. At first the meetings of the Council were frequent, often once a week, and its activity included the receiv ing and naming of new towns, conferring land patents, granting licenses to sell liquor, appointing fast days and days of Thanksgiving, receiving and answering let ters and orders from the authorities in England, the colonial agents and the officials of the neighboring col onies, issuing military orders, and ordering the payment of public debts.4 On at least one occasion the Council chose an official of the colony to fill a vacancy caused by death.5 i Col. Rec, IV, 62, 489; V, 32, 53. 2 Osgood, American Colonies, I, 178. 3 Col. Rec, IV, 14, 399, 489; V, 22. « Col. Rec, I, 407, 411; XV, 531 et seq. « Ibid., XV, 558. ORGANS OF LEGISLATION AND ADMINISTRATION. 27 The Court from time to time ordered the Council to perform certain specified acts. Thus they were required to appoint an agent of the colony in England, to attend to "laying in a stock of pork," and to look after the "Gospelizing" of the Indians1 At first, it was customary for the General Court to pass upon the acts of the Coun cil,2 and, in one instance at least, its action was disap proved.3 During the greater part of the eighteenth cen tury, because of the dearth of records,4 we are left wholly in the dark as to the activity of the Council. The fact, however, that in the records of the General Court no ref erence is made to the body for such a long period, would incline one to believe that it had ceased to be an important adjunct of the governmental machinery.5 'Col. Rec, V, 325, 337; V, 15. 2 Col. Rec, IV, 202, 205, 222, etc. 3 Ibid., IV, 284. 'There is no Council Journal extant between the years 1728 and 1770. "The extant Council records after 1770 are of little interest and con cern largely the ordering of the payment of public accounts. Col. Rec, XIII, 355, 412, 504. CHAPTER II. Finance and Currency. It is proposed under this heading to treat financial history in its broadest sense. Besides an account of the monetary system, an attempt will be made to outline the principal sources of colonial revenue and expense, with some account of the control of the public revenue. From a constitutional standpoint, the consideration of these questions is not as important in the corporate colonies, as in the royal or proprietary provinces. In the latter, the question of the control of the purse, was the most fruit ful source of conflict between the democratic and prero gative elements. All other issues were in a measure sub ordinated to the money question. In the nature of things such a conflict was not possible in the corporate colonies. In these colonies the financial question is of interest rather from the economic or social, than from the consti tutional standpoint. Its consideration shows how a com munity left largely to its own resources, having little knowledge of the science of government and less of the science of finance, tried to adjust revenue to expenditure, and expenditure to revenue ; how it attempted in an hon est but crude way to advance its material prosperity by experimenting with a protective tariff, how it became in fatuated with the paper money craze, and tried to extri cate itself from the inevitable disaster. Land was the first and throughout the most important basis of taxation. Probably it was due to the fact that land had little or no selling value during the early years of the colony's history that it was assessed not according 28 finance and currency. 29 to its selling value, but according to some rough estimate of its probable revenue.1 No attempt was made at first to classify land according to its location or quality. With the increase in population and the opening up of less desirable land, the inequality of the old method be came more and more apparent. It was not however until 16762 that a committee appointed for the purpose sub mitted a report which was adopted by the General Court, by which land was rated according to its use, quality, locality and position.3 The schedule thus established was somewhat modified in 1712, by which a new classification was made according to locality, and more minute differen tiation in the quality of the land.4 To the tax upon land was early added a general property tax.5 This tax first fell upon property that was incident to land, such as houses and cattle, the latter being rated according to age.6 Gradually the scope of the tax was widened to include all "visible" estate; mills, ships, cranes, wharves and "mer chantable goods" were levied upon according to their estimated values.7 1 This method of rating land according to estimated revenue continued through the colonial era. Jones, Hist, of Taxation in Connecticut, J. H. V. S., XIV, 354. A contemporary authority says that in assessing rates land was valued at seven years income. Douglas, Summary, II, 177. a In New Haven as early as 1640 land had been rated according to its location. N. H. Col. Rec, I, 43. "Meadow lands were rated at from 55s. to 20s. per acre, the best being in Wethersneld; home lots from 40s. to 15s. per acre, Hartford and Wethersfield being the highest; improved uplands used for tillage 25s. to 8s. per acre, the uplands of Hartford south side being the best; mowing and pasture land at from 20s. to 10s. per acre ; all other " impropriated " land at Is. per acre. Col. Rec, II, 294. 1 Col. Rec, V, 334. 5 In 1640 Mr. Allen was required to pay a tax on his land and " all stocke as is resident or usually imployed in and thereupon." Col. Rec, I, 53. "Col. Rec, I, 549. ''Ibid., I, 548. Property exempted from such taxation included: (1) Cattle under one year of age, (2) hay and corn in the "husbandman's 30 CONNECTICUT AS A CORPORATE COLONY. The Poll tax early became a feature of colonial taxa tion.1 In the code of 1650 all male persons above 16 years of age, were taxed 2s. 6d. "by the head." The follow^ ing year the tax was reduced to 18d.2 Under Andros in was raised to Is. 8d., but later reduced to 18d.3 In 1737 the manner of expressing the tax was changed. Each person was placed in the list at 18 pounds for his poll. A tax of Id. in the pound, returning the same amount as before.4 Exemptions of particular individuals or classes were made from time to time by the General Court.5 The Connecticut lawmakers, and a large portion of these doubtless were land owners, with a desire to lessen the burden of taxation on land and property, early turned their attention to such persons "who by the ad vantage of their Artes and Trades" were able to bear some part of the colony expenses. In the code of 1650 a faculty or income tax first appears.6 Here it was pro vided that "Butchers, Bakers, Bruers, Victuallers, Smiths, Carpenters, Taylors, Shoemakers, Joiners, Bar- hand," (3) vessels owned in the colony employed in whale or cod fishing four months of the year, (4) all estates used for ecclesiastical, educational or charitable purposes, (5) all houses and barns except warehouses, (6) each trooping horse. Col. Rec, I, 433, 549; VIII, 133; XIII, 365 Jones, op. cit., 22. 1 The poll tax first appeared in Massachusetts in 1646. Mass. Col. Rec, II, 173. 2 Col. Rec, I, 229. 3 Ibid., Ill, 406. 4 Ibid., VIII, 133. "These included Magistrates, ministers, elders, the rector of Yale College, and such persons as were disabled by " sickness, lameness or other infirmity." To these were added from time to time particular persons who had suffered some misfortune, as loss by fire. Col. Rec, I 548- III 215; VIII, 133. "In 1649 New Haven adopted an income tax. Both the Connecticut and New Haven laws were almost verbatim reproductions of an earlier Massachusetts law. N. H. Col. Rec, I, 494; Conn. Col. Rec, I 549- Mass. Col. Rec, II, 173. FINANCE AND CURRENCY. 31 bers, Millers and Masons, with all other manuall persons and Artists" should be rated "for their returns and gains" in proportion, as other persons paid for the pro duce of their estates. In time the scope of the tax was increased. In 1725 all "allowed" attorneys were rated according to their ' ' faculties, ' ' the least practitioners at 50 pounds and others proportionately.1 In 1757 it was or dered that all persons "who let out money at interest" should be rated according to their gains.2 Listers had used largely their own discretion in fixing the amount of fac ulty or income tax. Such a system, even though honestly administered, was bound to give rise to dissatisfaction. To remedy these evils, the General Court in 1771, speci fied in detail the rates of income taxes.3 In this form the faculty tax continued to the end of the century practically unchanged. The faculty tax, the operation of which has been outlined, was at best, a crude attempt to shift a part of the burden of taxation from the property holding class. It became in many instances an inequitable and burdensome tax. It was not an income tax in the modern sense of the term. No attempt was made to ascertain the actual profits or earnings of particular individuals, but the levy was made on certain assumed earnings. 4 Exemptions from, and abatement of taxes were a com mon feature. Besides personal exemptions, some of which have been noted, it was customary to free whole towns from colony rates for a greater or less period of time. Specific reasons were always given for such exemptions. i Col. Rec, V, 525; VIII, 133. 2 Ibid., XI, 14. 3 Traders and shop keepers were to be rated at 10 per cent, of the cost of all goods sold at retail, except produce and manufactures of the colony. Wholesale traders, artificers and tavern keepers were rated ac cording to their annual profits. Col. Rec, XIII, 513. * Seligman, Colonial and State Income Taxes, Pol. Science Quarterly, June, 1895. 32 CONNECTICUT AS A CORPORATE COLONY. Such were for the "encouragement" of a new plantation, to help build a meeting house, or school houses, for the building of a mill, or because a town had suffered from fire, Indian ravages or other calamities. Poor persons might be allowed an abatement of their taxes upon the recommendation of the select men of the town, in which case the amount abated was paid by the town.1 Excise and custom duties formed a less important part of the colony revenue. The system of indirect taxation, if the scattered laws dealing with the subject may be called a system, developed late in the colonial period. In general, the purpose of the indirect taxes was to relieve the burden of direct taxation. As early as 1638 a tax had been laid upon the beaver trade, and in 1646, an excise on wine.2 During the An dros regime, the laws relating to excise were more de tailed, but not different in character, and throughout the 18th century, the principle of the excise continued with-' out material change.3 The first customs duty was that levied upon wines in 1654.4 In 1662 a duty was laid upon tobacco. The same year all laws imposing duties were repealed, and free trade was established throughout the colony. This experiment, however, lasted only until the next session of the Court, when the old duties were re established.5 During the Andros regime, the only change affected was in increasing and specifying the duties on 'Col. Rec, I, 185, 348; II, 113; III, 2, 240. Ibid., XIII, 94. 2 Col. Rec, I, 20, 31, 146. 3 Ibid., Ill, 409; X, 408, 451; XII, 296. 'Ibid., I, 255. In point of fact the first customs duty was an export duty on goods passing down the Connecticut River. This was, however, merely a temporary duty levied for the special purpose of defraying the expenses of the purchase of Saybrook from Mr. Fenwick. The attempt to collect this duty involved the colony in a serious dispute with Massa chusetts. Col. Rec, I, 119, 120, 170; II, 59. Trumbull, op. cit., I, 184, 194, 508; Palfrey, Hist, of New England, II, 240, 242. 6 Col. Rec, I, 380, 391, 395. FINANCE AND CURRENCY. 33 liquors.1 In 1696 the Court ordered that all foreigners bringing goods into the colony to sell, should pay a duty of 2 per cent, of the value of the goods, which was changed two years later to 12|s. on 100 pounds' worth of goods.2 At the same time foreigners were interpreted to mean all those who were not inhabitants of the colony. This law might be considered as an embryo form of the pro tective tariff. It was probably, however an attempt to place non-residents on an equal footing with the inhabi tants who were required to pay the faculty or income tax on merchandise sold in the colony.3 In 1714 a heavy export duty was laid on barrel, pipe, and hogshead staves, exported to any of the New England colonies, New York or New Jersey. The stated objects of this act were two fold: (1) To preserve the timber of the colony, and (2) to encourage direct exportation from the colony to the West Indies.4 In 1735 a duty of 16d. per gallon was laid on rum imported in vessels not owned in the colony, and 8d. by those owned in the colony, but this act was repealed the same year.5 In 1747 the Court imposed a duty of 5 per cent, on goods imported from the neighboring colonies, and if by non-resident importers 1_ per cent., while to encourage direct importation from England and Ireland, a bounty of 5 per cent, was granted, but the following year the act was repealed.6 In 1757 the General Court i Ibid., IV, 249. 2 Ibid., IV, 167, 251. 3 In 1713 an act passed the upper house of the legislature placing a duty of 5 per cent, on all goods brought into the colony by non-residents. This was negatived in the lower house. Journal of the upper and lower houses, October, 1713. * Col. Rec, V, 434. The following year similar duties were laid on planks, ship timber and boards. In 1747 the duties on these articles were increased. Ibid., V, 499; IX, 286. *Ibid., VII, 565; VIII, 7. e Ibid., IX, 285, 393. There were excepted from this tax slit-iron, nails, salt, steel, beaver, leather, deer-skin, dry and pickled fish, train oil, whale bone, rice, tar, turpentine, window-glass and lumber. 34 CONNECTICUT AS A CORPORATE COLONY. once more imposed a duty of 5 per cent, on merchandise brought into the colony either from the neighboring col onies or abroad. Whether this act was repealed or not, does not appear, but in 1768 another act similar in all respects, save in the number of articles excepted from the law, was passed. This law, however, lasted but two years, the colony agent having written to Gov. Trumbull, that it had given great offense to England.1 Amidst all this indecision and more or less haphazard legislation relating to revenue, one or two things seem to be toler ably clear. The colony officials in an honest effort to stimulate the commerce and trade of the colony, sought in a crude manner to exclude the products of the neighbor ing colonies, and to an extent, those of the mother coun try, but none of the laws enacted for the purpose remained in force for a sufficient length of time to prove the truth or fallacy of the principle involved. The evident caution shown by the authorities in dealing with the subject was probably due not to any fear of "monkeying with the tariff buzz-saw," but to them, the more conscious fear of interference by the authorities in England. Another form of indirect taxation which appeared during the colonial period, was tonnage duties. During the Andros regime, a, tonnage duty of 12d., or a pound of powder, per ton was levied on all vessels not owned in New England.2 This act, somewhat modified, remained in force after the resumption of government under the Charter. In 1744 a tonnage duty was levied to supply powder for the fort at New London, in 1757 a similar duty to support a colony war vessel, and in 1760 for erecting and maintaining a lighthouse at New London.3 'Col. Rec, IX, 285; XI, 10; XIII, 72, 299; Mass. Hist. Soc. Colls 5th Series, IX, 387. 2 Col. Rec, III, 410. * Ibid., IX, 75; XI, 10, 469. FINANCE AND CURRENCY. 35 Finally, of the minor sources of revenue, a word might be said. Fines, which especially during the early years of the colony's history, were imposed for a variety of of fenses. There were fines for absence from trainings, de fault of arms and ammunition, immoderate drinking, sell ing arms and ammunition to the natives, for bachelors who kept house without consent of the authorities, for profanity and contempt of authority.1 An almost negligible revenue was obtained during the early years from tribute exacted from the Indians, for damage done by them.2 During the eighteenth century, the sale of public lands added some income to the colony treasury.3 At the head of the administrative machinery for gath ering colonial revenue was the treasurer. By him the writs were issued to the collectors in the different towns.4 The constable early became the chief collecting officer in the towns.5 Prior to 1650 when a tax was to be levied the Gen eral Court fixed upon the sum necessary to be raised and this was proportioned among the towns6 by a committee composed of an equal number of persons from each town. This simple system was soon found to have its disad vantages. Granting that an honest effort was made to apportion the tax equitably, only a crude estimate of the relative ability of each town could be made. With the increase of population, and the formation of new towns, such a system was bound to become inequitable, if not positively unjust. To remedy these evils a system already in practice in Massachusetts was adopted. This was the principle of the Grand List. In each town were chosen three or four men as listers. These listers were i Col. Rec, I, 29, 49, 50, etc.; II, 119, 257, etc 2 Ibid., I, 52, 303, 316. 3 Ibid., VIII, 135. * Ibid., I, 12. « Ibid., I, 550. s Ibid., I, 25. 36 CONNECTICUT AS A CORPORATE COLONY. required to prepare a list of all males over 16 years of age, with a true estimation of their estates, both real and personal. At a specified time, one of the listers (later a deputy of the General Court) from each town, met at Hartford for the purpose of correcting and equalizing the lists, which were then returned to the towns for assess ment.1 Upon the list prepared in the manner indicated, was levied the country rate. This assumed the form of a certain percentage of the list. For a number of years the usual per cent, was Id. on the pound. With the slow growth of the Grand List, the amount returned from such a tax was a tolerably fixed quantity. In time this amount became known as "a rate" or "a whole rate," and when a greater or less amount was required for pub lic expense, a multiple or a fraction of the "rate" was levied.2 Great care was taken by the colonial authorities to have all persons bear their just share of the public expense. Any persons who failed to hand in a correct list of his estate was rated "will and doom," that is, at the discretion of the listers.3 Later (1703) was intro duced the custom of assessing all estate omitted from the list at four times its value. From this came the "four fold" assessments which are met with frequently in the records.4 Failure to pay rates within a specified time made the property of the individual liable to be levied upon by process of distress, beginning with the seizure of merchandise or cattle, then lands and houses, and finally the person of the individual.5 Then there appeared 1 Col. Rec, I, 548. 2 Thus in 1652 a half a rate was ordered, and in 1653 a rate and a half. Col. Rec, I, 236, 249. Later, however, the custom of reduplicating the rate was dropped, and the per cent, was raised or lowered as occasion required. Col. Rec, I, 285, 307, 324, etc. » Ibid., IV, 6. « Col. Rec, IV., 439. 6 Ibid., I, 550 ; Jones, op. cit., 388. FINANCE AND CURRENCY. 37 the Inspector of Lists. The functions of this officer were to verify and correct the work of the listers.1 Constables were required to return the colony rate to the Treasurer by the last day of June each year.2 In order that the constables might reach non-resident land holders, they were given (1719) the same jurisdiction throughout the colony as they exercised in their own towns3. The con stables were held to strict accountability for collection of all rates, and in case of deficiency, their property was liable to be levied upon by the Treasurer, who in turn was responsible to the General Court.4 The excise and customs duties were collected by spe cial officials. In 1659 the Court appointed "Custom Masters" in nine towns.5 In 1698 the Governor was authorized to appoint one collector of excise in each county. The power of appointment was later transferred to the County Courts, and then to the towns.6 In 1747 the Court authorized the Governor to appoint a collector of customs in each county, and later this power was trans ferred to the towns, and the number increased to one from each town.7 In 1776 the Governor was made head naval officer, with power to appoint under collectors in certain specified towns.8 Provisions for defence, formed perhaps the largest single item of expense. Under this heading were in cluded, salaries and pensions of soldiers, military sup- 1 Ibid., V, 81, 440, 503. Special inspectors were at first chosen, then the work was assigned to the deputies of the General Court, and finally the office was merged with that of lister. Jones, op. cit., 370. 2 Col. Rec, I, 113, 551. 3 Ibid., VI, 154. ' Ibid., I, 551. 5 Ibid., I, 332. In 1665 the treasurer with the deputies from Hartford were authorized to farm out the customs. Ibid., II, 15. elbid., IV, 262; V. 56; VII, 562. 1 1bid., IX, 283; XI, 11. s Col. Rec, XV, 280. 38 CONNECTICUT AS A CORPORATE COLONY. plies, appropriations for the building and repair of forts and fortifications, and the maintenance of armed vessels for coast defence. It had been customary from the first to grant specified salaries to soldiers and officers when in active service, and such continued to be the practice during the whole colonial era. The General Court would usually fix the rate of pay at the beginning of each expe dition or campaign.1 Besides the regular salaries, not infrequently extra compensation in the shape of gratui ties and bounties was granted to the soldiers.2 There is no record of any general pension act having been passed during the colonial period, but a considerable number of special pension acts were passed for the relief of in dividual soldiers or their families.3 During the earlier years of the colony's history, the supply of arms and ammunition was largely a charge upon the localities. Enactments requiring the possession of arms and ammu nitions by all male persons able to bear arms, were of fre quent occurrence.4 When, however, the intercolonial wars of the eighteenth century greatly extended the scope and expense of military operations, the cost of equipping and supplying the militia became a more and more im portant item of colonial expense.5 The forts and fortifications in the coast and frontier towns, were maintained partly by local taxation, and partly by colonial grants.6 The building and equipping 'Col. Rec, I, 11, 15; V, 80, 83, 93, etc; IX, 93, 110, etc.; X, 317, 345, etc. 2 Ibid., X, 450, 495, 599; XI, 94. 3 Ibid., XI, 37, 86, 110, etc. MS. Rec. War, III, 134 et seq. 4 Col. Rec, I, 3, 15; IV, 18. 0 There was a constant complaint of a, lack of arms and ammunition, and appeals were made to the home government for aid. MS Rec War VI, 26, 76. ' 0 The principal forts were at Saybrook and New London. These forts were maintained partly by the tonnage duty and partly by special grants of the Court. Col. Rec, 19, 129, 400. FINANCE AND CURRENCY. 39 of armed vessels for coast defence, was an expense of minor importance.1 Down until the opening of Philip's War, the expenses for defence were comparatively light,2 but this war, followed by the long series of intercolonial wars which opened with the last decade of the seventeenth century, entailed upon the colony a large and continuous expense for military affairs. Connecticut was favored by her geographical position, not being so immediately ex posed to the attacks of the French and Indians, as were her neighboring colonies on the north and west, but she was always generous in supplying men and money for purposes of mutual defence.3 The absence of records makes any estimate of military expenses for the four intercolonial wars, hardly more than a guess,4 but there is no doubt they were a heavy burden, and offered an excuse, if not a justification, for Connecticut's disastrous experiments with paper currency. Next to the expenditure for military purposes, prob ably the most important item of expense was in providing for the salaries and expenses of the colonial officials. Salaries at first were irregularly paid, and generally small in amount.5 The Governor's salary which in 1700 1 See chapter on military affairs. 2 The highest rate up to that time was 2%d. in the pound, but as a result of that war the taxes rapidly increased. In 1675 they had risen to 12d. in the pound and in 1678 to 18d. in the pound. Col. Rec, II, 269, 292, 401. 5 During part of the first intercolonial war from 1688 to 1696 Connecti cut expended 7759 pounds 14s. 9d. in assisting the neighboring colonies. Col. Rec, IV, 191 note; MS. Rec. Foreign Correspondence, II, 60; War, III, 10a, 10b. During three years of the second intercolonial war Connecticut expended about 18,000 pounds in the defence of the Massachusetts towns. MS. Rec War, II, 67a, 67b. 4 Trumbull estimates the expenses of Connecticut in the first inter colonial war at more than 12,000 pounds, and in the last intercolonial war, after deducting parliamentary grants, at 400,000 pounds. Trumbull, op. cit., I, 397; II, 455. 6 In 1641 a salary was first paid to the Governor. It consisted of 160 bu. of corn. Col. Rec, I, 69. At the opening of the eighteenth century 40 CONNECTICUT AS A CORPORATE COLONY. was 140 pounds, had risen to 250 pounds in 1728; 300 pounds in 1730 and 350 pounds in 1736. Much of this ap parent increase, however, was more than offset by the rapid depreciation of the bills of credit, in which salaries were paid.1 It does not appear from the records that there was any considerable extension of the salary system during the eighteenth century. The salaries, particularly of the executive officers, were granted for no longer period than one year, and later semi-annually.2 This evident fear of stated salaries was probably anal ogous to that which appeared in the neighboring colonies of Massachusetts and New York, though with no good reason for such fear. Throughout the colonial history of Connecticut fees formed a more important part of the income of officials, than did salaries. The Secretary and the Magistrates, were especially dependent upon fees.3 Besides the salaries and fees, extra compensation in the form of gratuities or pensions, was not infrequently the salaries of the various officials were, annually: Governor 140 pounds, Deputy Governor 50 pounds, Secretary 10 pounds, Sheriff 10 pounds, Speaker of the House 30s. for each session, Clerk of the General Court 50s., Treasurer 10 pounds and 16 pounds for " riding the circuit." Col. Rec, IV, 330. 1 Gov. Saltonstall had a long dispute with the General Court concerning his salary. He claimed that the salary of 200 pounds was granted " in or as money," and that he should not suffer because of the depreciation in the bills of credit. The Court, however, did not see fit to agree with him. Col. Rec, 443 note. In 1733 Gov. Talcott complained to the General Court of his inability to support himself on the salary granted to him because of the depreciation in the currency; and the Court granted him an extra 100 pounds. Conn. Hist. Soc. Colls., IV, 289. MS. Rec. Civil Officers, II, 216. 2 After 1740 it was customary to grant salaries semi-annually at the two stated meetings of the General Court. 3 The secretary, for example, received 2s. 6d. for each copy of public orders sent to the towns; Is. for each entry of public laws and orders; 2s. for affixing the public seal to documents, or Is. if to public orders; Is'. for writing each military commission, Is. 6d. for each justice's commission;' and 3s. for each petition to the General Court. Col. Rec, IV, 313. For a detailed list of the fees of the various officials see Col. Rec, IX, 287 et seq. FINANCE AND CURRENCY. 41 granted to colony officials and other persons for some special work performed for the colony.1 Pensions took the form of exemption from taxation for a given period, or for life, or freedom from rates combined with a grant of money.2 The increased activity during the eighteenth century of the authorities in England in relation to colo nial affairs, and the frequent attacks which were made upon the charter of Connecticut, necessitated the almost continuous employment of a colonial agent in England, and the payment of his salary and expenses was an item of some importance in the colony's expenses. The money appropriated for these purposes, was given with no very good grace, and the General Court jealously watched the use to which it was put.3 Although the provisions for education were a charge upon the towns, there are numerous instances of grants made by the General Court, for the support of schools. This was especially the case in providing for the support of Yale College.4 A minor expense was incurred by the colony in working out the details of its policy towards the natives. Before the close of the seventeenth century, the Indians within the borders of Connecticut had ceased to be a menace to the white settlers. On the other hand, the natives needed i Col. Rec, IX, 260; XI, 55, 172, etc, MS. Rec Finance and Currency, I, 48. Such items as the following are not uncommon. The Court allowed Dr. Carrington 9s. " for medicine given to a sick man at New Haven " and to Serjt. John Ball 15s. "for dieting of him for three weeks." Col. Rec, IV, 401. 2 Col. Rec, IV, 409, 530, etc.; V, 177, 349, etc 3 Col. Rec, V, 413, 414, 523, etc MS. Rec. Finance and Currency, III, 38, 50, 270, etc.; II, 168. * Col. Rec, II, 176, 312; IV, 97; V, 353, 529, etc. In 1733 the Court appropriated the money received from the sale of the seven townships in the western lands for the support of schools, and in 1766 the money re ceived from the excise on wines and liquors was similarly given. Col. Rec, VII, 459; XII, 463. 42 CONNECTICUT AS A CORPORATE COLONY. to be protected from unscrupulous whites. The General Court appointed overseers for the different tribes, to look after their interests, and appropriated money for educating the natives and instructing them in the prin ciples of the Christian religion.1 In defraying these various expenses, the General Court passed special appropriations for each item as it was presented. It does not appear that any attempt was made to classify expenses, and pass general appropria tion bills. It had been the practice from the first, for the General Court to keep a close supervision over the collection and expenditure of the public revenue. This was done gen erally by a committee appointed by the General Court, to audit the accounts of the treasurer.2 During the fourth intercolonial war, a special auditing committee known as the Committee of the Pay Table, was appointed to adjust the accounts of the treasurer for all expenses of a military character.3 During the earlier years of the colony's history, the settlers were practically unsupplied with metallic cur rency. To supply this deficiency and remove the incon veniences of barter, resort was early made to wampum and merchandise as a medium of exchange. Wampum or "peage" consisted of small spiral shells, about an eighth of an inch in diameter, and arranged on strings and fibres. The shells were either black or white, the value of the former being generally twice that of the latter.4 i Col. Rec, VI, 188, 563; VII, 102, 181, 242, etc This subject will be treated more fully in the consideration of Indian affairs. 2 Col. Rec, I, 30, 68, etc.; Ill, 49, 72, etc.; VI, 19, 48, etc. 3 Col. Rec, X, 366. * Weeden, Economic and Social Hist, of New England, I, 32. Bronson, Hist, of Connecticut Currency, New Haven Hist. Soc. Papers, I, 3. The fathom of wampum was 60d. worth, and was a variable amount according as the value of the beads was fixed by law. If it was six beads to the FINANCE AND CURRENCY. 43 Used first in their dealings with the natives, these shells soon became a recognized currency among the colonists, and were exchanged for merchandise, labor and taxes. They passed at rates fixed by statute, which were altered from time to time as the supply varied.1 After the mid dle of the seventeenth century, wampum begins to dis appear as a medium of exchange, but in smaller trans actions, and in the more remote settlements, it continued in use throughout the seventeenth and into the eighteenth century.2 In the more important business transactions, and in the payment of taxes, merchandise took the place of specie. The articles chosen were wheat, rye, oats, Indian corn, peas, beef, pork, beaver, etc. The prices at which these articles were to pass were fixed from time to time by the General Court. The payment of taxes in merchandise, necessitated the maintenance of a colony magazine or store house, to keep the products in until they should be disposed of.3 Throughout the seventeenth and into the eighteenth century until the appearance of paper currency, farm products continued to be used in the payment of taxes, and for the exchange of commodities.4 penny then three hundred and sixty beads made a, fathom. Weeden, Indian Money as a Factor in New England Civilization, J: H. V. S., II, 385. 1 In 1637 the rate was three beads to the penny, in 1640 four to the penny, and in 1642 six to the penny. Col. Rec, I, 13, 61, 79. 2 It was in use as late as 1704 and possibly later. Bronson, op. cit., 4. The decline of wampum as a circulating medium was due to the decreasing commercial relations of the natives and the whites, and to the increase in the quantity of metallic currency which found its way into the colony, especially from the West Indies. Weeden, Economic and Social Hist, I, 45. 3 In 1667 the General Court proposed to " hire » chamber for keeping the Country Rate in the respective towns." Col. Rec, II, 64. 4 In 1710 the General Court required rates to be paid in specie or bills of credit, but in 1720, and again in 1723 we find a tax levied payable in grain. Upon the sinking of the paper currency in 1757 it was found necessary to resort to commodities once more in the payment of taxes. Col. Rec, V, 157; VI, 223, 431; XI, 9. 44 CONNECTICUT AS A CORPORATE COLONY. Some foreign coin found its way into the colony, and its exchangeable value was regulated by enactment of the General Court.1 Most of these foreign coins were worth far less than their supposed intrinsic value, as a result of the washing and paring of coins, which was then so common.2 To the foreign coins was added the "Pine Tree Currency" of Massachusetts.3 It is uncertain at what time the "Bay Shillings" became common currency in Connecticut, but it was probably somewhat before the end of the seventeenth century.4 It was not until some time after they had become generally current in the colony, that they were officially recognized by the General Court. By the code of 1702, it was provided that they should pass current at the rate at which they were stamped. The appearance of New England and foreign coins, did not displace ' ' country pay " as a means of dis charging debts and paying taxes. As a result, several currencies were in existence, and prices of commodities were regulated according to the currency offered in pay ment. The following quotation from "The Private Journal of Madam Knight, on a journey from Boston to New York, in the year 1704," is of interest. "They (the people) give the title of merchant to every trader who rate their goods according to the time and specie (kind) 1 In 1643 the Court ordered that "good rialls of f and reix dollars" should pass at 5s. Col. Rec, I, 86. The intrinsic value of these coins was 4s. 6d. Bronson, op. cit., 22; Dewey, Financial Hist, of the U. S, 20. In 1683 the Court ordered that " for the future all pieces of eight Mexicoe, pillar and Civill pieces " should pass at six shillings each, and " all good pieces of Perue " at five shillings. Col. Rec, III, 119. Mexico pieces of eight were worth 4s. 6%d„ Seville pieces " old plate " 4s. 6d, " new plate " 3s. 7y2d, and Peru pieces 4s. 5d. Bronson, op. cit., 26. 2 Bronson, 22. 3 The Massachusetts mint was established in 1652. Felt, Historical Account of the Mass Currency, 31. 4 Bronson, op. cit., 19. FINANCE AND CURRENCY. 45 they pay in, viz: pay, money, pay as money,1 and trust ing (that is they have a pay price, a pay as money price, and a trusting price). Pay is grain, pork, beef, etc., at the prices set by the General Court that year; money is pieces of eight ryals or Boston or Bay Shillings (as they call them) or good hard money as sometimes silver coin is termed by them, also wampum, (viz. Indian beads) which serves for change. Pay as money, is provisions as aforesaid, one third cheaper than as the Assembly in General Court sets it, and trust, as they and the merchant agree for time. Now when the buyer comes to ask for a commodity, sometimes before the merchant answers that he has it, he says, 'is your pay ready?' Perhaps the chap replies yes. 'What do you pay in?' says the merchant. The buyer having answered, the price is set ; as, suppose he wants a six penny knife; in pay, it is twelve pence; in pay as money, eight pence, and in hard money, its own price (value) six pence."2 To all this variety of currency must be added the paper currency, which did not make its appearance in Con necticut until five years after the above was written. The fluctuation and variation in the value of foreign coins at different times, and in the different colonies, caused great inconveniences in trade.3 To remedy this, Queen Anne, in 1704, upon recommendation of the Board of Trade, issued a proclamation, fixing the value of for eign coins then current in the colonies. In 1707 the proc lamation was passed by parliament, and a penalty of six 1 Bronson is of the opinion that " pay as money " and " money " were one and the same thing. 2 Quoted in Bronson, 22. 3 The Spanish milled dollar which took the place of the eight-real piece was valued in New England and Virginia at 6s, in New York and North Carolina at 8s, in New Jersey, Pennsylvania and Maryland at 7s. 6d, and in South Carolina at 4s. 6d. Gouge, A Short Hist, of Paper Money and Banking, 6. 46 CONNECTICUT AS A CORPORATE COLONY. months imprisonment and 10 pounds fine was to be in flicted upon any one receiving or paying out any of the coins, at a higher rate than that fixed in the statute.1 From this law came the expression "Proclamation" or "lawful" money, which is met with so frequently in the records during the eighteenth century. In 1690 paper currency first made its appearance in the American colonies.2 It was in that year introduced in Massachusetts, to defray the expenses of the expedi tion against Canada. Connecticut did not "follow the Bay Horse " until near the close of the second inter colonial war. In June, 1709, the General Court, then in session at New Haven, enacted the following law: "Forasmuch, as by reason of the great scarcity of money, the payment of the public debts, and charges of this government, especially in the intended expedition to Canada, is made almost impracticable; for remedy whereof, be it enacted, . . . That there be forthwith im printed, a certain number of bills of credit of this Colony, in suitable form from two shillings to five pounds, which in the whole shall amount to the sum of eight thousand pounds, and no more; which bills shall be indented and stamped with such stamps as the Governour and Council shall direct, and be signed by a committee appointed by this Court, or any three of them, and of tenor following, that is to say No. ( ) 20 s. This indented bill of 20 shillings, due from the Colony of i Bronson, op. cit., 26. Statutes at Large, 6th Anne, Chap. 30. 2 Felt, op. cit., 49. Traces of paper currency have been found in Massa chusetts as early as 1646. These notes were probably issued by private individuals. Of their form and value we know nothing. Proceedings of the American Antaquarian Society, April, 1866. Weeden credits John Winthrop, Jr, with being the real founder of paper currency in America. Weeden, Economic and Social Hist, I, 317. FINANCE AND CURRENCY. 47 Connecticut in New England, to the possessor thereof, shall be in value equal to money, and shall be accordingly accepted by the treasurer and receivers subordinate to him, in all public payments, and for any stock at any time in the treasury. Hartford, July the twelfth ; Anno Domini 1759. By order of the General Court. J. C. ' J. H. * Committee. J. E. J And so mutatis mutandis for a greater or lesser sum."1 For some reason the words "in all public payments" were omitted in the first issues of the bills. The fol lowing year (1710) the General Court, probably fearing that the omission would discourage their acceptance, pro vided that the bills should "be as good and effectual to all intents and purposes ... as they would have been if the said words so omitted as aforesaid, had been in serted fully, and at large in the said bills."2 To en courage the acceptance of the bills, they were accepted "in all public payments" (afterward interpreted by the General Court to mean simply payment of taxes) at an advance of 12d. in the pound.3 8,000 pounds were ordered in the first issue, 4,000 pounds to be used in defraying the indebtedness of the colony, and 4,000 pounds held for further disposal. As a fund for securing and redeeming the bills, a rate of lOd. in the pound was levied, one half to be paid in 1710, and the other half in 1711. Before a year had passed after the first issue, there was again a "great scarcity of money," and the Court ordered 11,000 'Col. Rec, V, 111. For reprints of several bills of credit see Memorial Hist, of Hartford Co, I, 324, 325. 2 Col. Rec, V, 157. 3 Trumbull states that "in all other payments (other than public pay ments) they were to be received as money." If by this he means that the bills were made legal tender he was mistaken. Trumbull, op. cit., I, 474. 48 CONNECTICUT AS A CORPORATE COLONY. pounds more of the Bills of Credit to be issued, and as a fund for redeeming them, a rate of 12,000 pounds was levied to be paid "within the term of 6 years . . . and so much thereof in each of the said 6 years, ' ' as the Gen eral Court should order.1 From this time on for a number of years, at each ses sion of the General Court, a greater or less amount of the bills were issued, and old bills drawn in by taxation reissued.2 Every effort was made by the General Court to encourage the circulation of the bills. Besides placing a premium on them in the payment of taxes, the Court ordered in 1709 that all salaries of officials which had formerly been paid in "country pay" should be reduced one third and paid in the bills of the colony, unless ex pressly stated that they were to be paid otherwise.3 Again the following year the Court ordered that all rates for drawing in the bills of credit should be paid "either in bullion or at the rate of 8 sh. the ounce, troy, or in bills of public credit, created as aforesaid, and in no other manner."4 By this latter act, "Country Pay" or commodities, were excluded from the Treasury in the payment of faxes. In 1713 the General Court ordered the imprinting of 20,000 pounds in bills of credit on a new plate, to be exchanged for the old bills then outstanding, which it was discovered had been counterfeited.6 While i Col. Rec, V, 127. 'Ibid., V, 182, 226, 228, 252, etc. During the first intercolonial war there were issued in all 34,000 pounds in bills of credit, and at the end of the war there were still outstanding about 20,000 pounds. Bronson, op. cit., 33. Col. Rec, V, 378. 3 Col. Rec, V, 128. 4 Ibid., V, 157. The same year, however, this was modified to read instead of bullion " money as it shall generally pass in New England." This change was made, probably, because it was found that rating silver at 8s. per ounce was contrary to the act of Parliament. Bronson, op cit 33; Col. Rec, V, 166. 6 Col. Rec, V, 378. The following drastic act was passed for the punish ment of counterfeiters. Any person convicted should have his right ear FINANCE AND CURRENCY. 49 this issue was ordered exclusively for changing the old bills, the Court, from year to year, drew upon the fund for ordinary expenses, which necessitated more issues of the new bills, when the old ones appeared from time to time at the treasury for redemption. Between 1713 and 1732, 46,000 pounds in bills were issued, all with the osten sible purpose of sinking the old bills, but of this amount, nearly 30,000 pounds had been used in defraying colony expenses.1 Owing to the scarcity of small change, the colony bills had been halved and quartered, and the parts circulated at a proportionate value. To prevent this mutilation of the bills, the General Court ordered that the treasurer should not honor any quartered bills.2 The practice, however, seems to have continued.3 To add to the increasing volume of paper currency, the bills of credit of the neighboring colonies, found their way into Connecticut. In 1719 these bills received official rec ognition from the General Court, when it was provided that the "Country Rate" should be paid in the colony's bils of credit at an advance of 5 per cent., or in the true bills of Massachusetts, New York, Rhode Island or New Hampshire, without advance.4 It has been noted that the earlier issues of the Connecticut bills of credit, were not made a legal cut off, be branded with a C on the forehead, committed to the work house for life, and be whipped every time he should leave it without permission, have his estate forfeited and be debarred from trading. Col. Rec, VI, 467. 1 Bronson, op. cit., 36. In a report of the Board of Trade to the King in 1737, it was stated that in 1731, according to the printed Book of Acts sent by the colony to the Board, it appeared that there were outstanding 48,994 pounds 4d. in Bills of Credit from which no fund had been provided for redemption. I can find no justification for this statement. Talcott, Papers Conn. Hist. Soc. Colls, V, 166 note. 2 Col. Rec, VII, 39. "Ibid., VIII, 34, 133. 4 Ibid., VI, 145. " Country Pay " appeared again this year in the pay ment of rates, but three years later it was once more excluded. 50 CONNECTICUT AS A CORPORATE COLONY. tender. In 1718, however, the General Court, consid ering that for want of a proper means of exchange, the bills had obtained a very general currency in private trade and dealing, and to encourage their further use, ordered that after November 1, 1718, no debtor should have execution passed on his estate if he offered to pay his debts in full in the bills of credit, except in contracts where it was expressly stated that payments should be made in silver or some other medium.1 This was an in genious way of accomplishing by indirection what the officials evidently feared to do directly. The colonists wanted to obtain all the supposed benefits from the paper currency, but still hesitated to come out boldly and de clare the bills a full legal tender. They doubtless felt that they were pursuing a course which would not be looked upon favorably in England. New schemes were continually brought forward for increasing the supply of these very convenient bills. There was a constant complaint of a "lack of a proper means of exchange." Massachusetts in 1714, and Rhode Island in 1715, had established what were essentially colonial land books.2 Bills of credit of the colony were loaned to private individuals on mortgage security, and the payment of annual interest, which latter was used to help defray the colony expenses. It was not long before this plan found favor in Connecticut. In 1726 the Lower House of the Assembly proposed the formation of a "bank" similar to those which had been established in the neighboring colonies, but the proposition was rejected by the more conservative Upper House. Two years later 1 Col. Rec, VI, 74. The law was made retroactive for all debts con tracted subsequent to July 12, 1709, when the Bills of Credit were first issued. The act was to remain in force until 1727, but later this time was extended to 1735. Col. Rec, VII, 208. 2 Arnold, Hist, of Rhode Island, 53, 56. Felt, op. cit., 67. FINANCE AND CURRENCY. 51 the Lower House again considered the matter, appointing a committee to elaborate a scheme for raising a "bank" of 100,000 pounds. The whole matter, however, was blocked in the Upper House, which stated that it did not deem it wise to proceed with the plan, in view of the fact that complaints were then pending before the King in Council, concerning the issuance of bills of credit by the different colonies.1 The advocates of an expanded currency, however, ac complished their designs in another direction. In 1730 there was formed in New London an association of some sixty merchants, which was incorporated under the name of ' ' The New London Society United for Trade and Com merce."2 This society, in imitation of the colony, soon began to issue bills of credit. These bills appear to have circulated freely as currency.3 It was not long, however, before the colonial authorities took notice of what was being done. Gov. Talcott ordered the sheriff of Hartford County to summon the society before a special meeting of the legislature, to show cause why they should not be ordered to refund to the possessors of their bills the sums paid for them.4 The General Court decided that the So ciety had exceeded its powers in issuing the bills, and its charter was revoked. A law was then passed pro hibiting any similar action by private individuals, or as sociations in the future.5 The question was then con sidered, as to how the almost worthless outstanding notes 1 MS. Rec Finance and Currency, II, 50, 146, 150. 2 Col. Rec, VII, 390. 3 Caulkins, Hist, of New London, 242 et seq. Conn. Hist. Soc. Colls, IV, 279. A facsimile of a bill of the New London Society is printed in Col. Rec, VII, 420. 4 Conn. Hist. Soc Colls, IV, 268. 3 Col. Rec, VII, 421. An attempt was made to revive the New London Society within one month after its dissolution, but the General Court voted that " it would not be to for the peace and health of the govern ment '' to reestablish it. Ibid., VII, 449. 52 CONNECTICUT AS A CORPORATE COLONY. of the company might be drawn in.1 The General Court held the members of the Society responsible to the posses sors of the bills, but it was deemed expedient to aid the former in sinking the Society bills. With this purpose in view, the General Court authorized the issuance of 30,000 pounds in bills of credit of the colony ; 15,000 pounds were placed in the hands of a committee, to be loaned to mem bers of the society, who should hand over to the com mittee society bills to an amount equal to that borrowed from the colony. The loans bore interest at 6 per cent., and were secured by mortgages on land to twice the amount of the loan.2 At the next session of the Assembly in 1733 it was ordered that the remaining 15,000 pounds should be distributed equally among the five counties. A committee in each county was authorized to loan the notes to the inhabitants of the towns, in sums from fifty to one hundred pounds, secured by mortgages on land, to double the amount of the loan. Interest at the rate of 6 per cent, was charged.3 Another issue of 20,000 pounds during the same year appears to have been loaned upon the same conditions.4 Whatever justification might be offered for loaning the colony bills to the defunct New London Society, no valid reason can be given for the colonial officials once more "trotting after the Bay Horse," in establishing a colony land bank. The debtor class, always increasing with a depreciating currency, had evidently obtained the upper hand, and the demand for a greater "medium of ex change" could not be resisted by the Assembly. The 1 The amount of the Society's bills in circulation was, probably, about 10,000 pounds. Davis, A Connecticut Land Bank of the Eighteenth Cen tury, Quarterly Journal of Economics, XIII, 81. 2 Col. Rec, VII, 450, 452. 3 Ibid., VII, 455. * Ibid., VII, 462; Bronson, op. cit., 44. FINANCE AND CURRENCY. 53 colonial authorities had discarded, if they had ever appre ciated, all sound principles of finance. From October 1635 to May 1740, no new issues of bills were authorized.1 In 1739, began the third of the series of intercolonial wars, and with it once more began the merry grind of the paper currency mills. In May, 1740, 4,000 pounds in bills were issued, and the following July 15,000 more.2 These were the last of the so-called "Old Tenor" bills. Possibly it is needless to state that there had been a steady, almost a disastrous, depreciation in these bills, during the period under consideration. Silver, which in 1710 was worth 8s. an ounce had risen in 1739 to 26s.3 The colonial authorities felt that something must be done 1 In October 1635, 25,000 pounds were issued, to be used in sinking bills then outstanding which had again been counterfeited. In 1739 an order passed the Upper House for emitting 10,000 pounds in new bills, but it was negatived in the Lower House, probably because the amount was con sidered too small. In the same year another complicated scheme for loaning Bills of Credit was proposed by the Lower House but negatived in the Upper House. Col. Rec, VIII, 17. MS. Rec Finance and Currency, III, 57, 58, 67, 102. 2 Col. Rec, VIII, 295, 327. In 1740 Gov. Talcott in answer to inquiries from the Board of Trade sent a detailed account of the yearly emissions of Bills of Credit from the first issues down to 1737. Dr. Bronson analyses this table and shows it to be misleading. Conn. Hist. Soc. Colls, V, 209 et seq. Bronson, op. cit., 50. 3 The following table is of interest as showing the steady advance in price of silver, or conversely the steady decline in the currency. 1708, Sept, one ounce plate worth 8s. currency. 1710, May, one ounce bullion worth 8s. currency. 1721, May, one ounce plate worth 12s. currency. 1724, July, one ounce silver worth 15s. currency. 1729, July, one ounce silver worth 18s. 2d. currency. 1732, May, one ounce silver 1739, June, one ounce silver 1742, Dec, one ounce silver 1742, Dec, one ounce silver 1743, Feb, one ounce silver 1744, Dec, one ounce silver Bronson, op. cit., 52. worth 18s. currency. worth 26s. currency. worth 26s. currency. worth 28s. currency. worth 28s. currency. worth 32?. currency. 54 CONNECTICUT AS A CORPORATE COLONY. to stem this ever-decreasing value of their favorite cur rency. Curiously enough the expedient adopted was the issuance of more paper to provide as they once more said for the ' ' great scarcity of a medium of exchange. ' ' Rea soning, perhaps, that some mere change in wording of the bills, some stronger fiat expression, would in some mys terious maimer prevent further depreciation, the General Court provided for the emission of the so-called "New Tenor ' ' bills. These bills were distinctly stated to be legal tender "in all payments and in the Treasury." On the face of the bills it was stated that they were "equal in value to silver at eight shillings per ounce."1 30,000 pounds in these bills were ordered to be struck off, 8,000 pounds were used in defraying the colonial expenses, and the remaining 22,000 pounds were distributed among the countries to be loaned to the freeholders on mortgage security of double value, with interest at 3 per cent, an nually. At the outset, this new venture received a check by an order sent by the Board of Trade, ordering that the legal tender clause be stricken from the bills. This was done, and at the same time the court ordered the with drawal, of the new bills from circulation, by exchanging them for old tenor bills, at the ratio of 2_ of the latter, to one of the former.2 For four years after 1740, no new emissions of bills of credit appeared, possibly because it was feared that more drastic action would be taken by the home government.3 1 Col. Rec, VIII, 319. 2 Ibid., VIII, 359. 3 In 1740 the House of Commons addressed the King requesting that he send orders to the different colonial governors requiring that they should assent to , no act for issuing Bills of Credit in lieu of money, unless a clause be inserted that such act should not take effect until approved by the King. The King acted in compliance with this request. Conn. Hist. Soc Colls, V, 245, 296. This order could have no effect in Connecticut where the Governor did FINANCE AND CURRENCY. 55 The continuance of the war with Spain, and, what was of greater moment to the colonies, the entrance of France in to the struggle in 1744, excused, if it did not necessitate, a further resort to paper currency. It is wearisome and unprofitable, to note in detail the successive emissions of new bills. In all Connecticut issued during the third intercolonial war, 131,000 in bills of credit, of which 109,- 000 were of the so-called ' ' New Tenor. ' n The financial affairs of the colony were fast reach ing a crisis. Nothing could stop the constant and rapid depreciation of the paper currency. Silver which could be bought in 1739 at 28s. per ounce, in paper, had risen in 1744 to 32s. and in 1749 to 55s.2 The credit of the colony was utterly ruined; trade and commerce were demoralized. Contracts could not be safely made, for no one knew what would be the value of the cur rency from day to day. With the close of the war in 1748, the colony officials began to think of some plan for extricating the colony from the intolerable condition of affairs. Here again Connecticut followed as she had done so often before the lead of Massachusetts.3 It was provided by the Assembly, May, 1749, that all money that should be received from England to reimburse the colony not have the power to approve or disapprove the acts of the Assembly. In the then existing condition of affairs, however, the colonial authorities probably deemed it wise not to call the attention of the authorities in England to the weakness of the executive and the absence of any means of imperial control in the colony. > The New Tenor bills were not used in ordinary business transactions, and did not depreciate as badly as the Old Tenor bills. They came finally to be worth in the proportion of three and one half of the latter to one of the former. Bronson, op. cit, 64, 65. 'Ibid., 65. 3 In 1 748' the plan suggested by Thos. Hutchinson was adopted in Massa chusetts. The money which was received from England to reimburse the colony for its expenses in the war was used for sinking the Bills of Credit. Bronson, op. cit., 66; Felt, op. cit., 124. 56 CONNECTICUT AS A CORPORATE COLONY. for the expenses of the late war, should be used for sink ing the outstanding bills of credit.1 800,000 pounds were appropriated by Parliament in 1747 to reimburse the colonies for their expenses in the Louisburg expedition, of which sum Connecticut received some 28,000 pounds.2 According to the auditors' report, there were outstand ing over 340,000 pounds in bills of credit.3 The Assem bly had provided that of the amount received by the colony from England, one half should be sold for bills of credit, and one half for silver coin, the latter to be used by the Treasurer in redeeming the bills of credit. All bills brought into the treasury were to be burned. To sink the remainder of the bills, three three-penny taxes were levied, payable in the bills of credit in 1751, 1752, and 1753.4 The colony bills that were brought into the treasury by taxes, were paid out in discharging the ordi nary colony expenses until 1753. In that year the Assem bly, urged on probably by the further hostile attitude of the home authorities, took the final step by ordering that all taxes should be paid thereafter in lawful or "procla mation" money, and that those who were forced to pay in colony bills, they should be accepted at the rate of 14s. 7d. "New Tenor" or 51s. "Old Tenor" for 6s. lawful money. At the same time, it was ordered that no more of the bills should be issued from the treasury for any purpose.5 1 Col. Rec, IX, 447. 2 Arnold, Hist of Rhode Island, II, 170; Bronson, op. cit., 69. 3 Col. Rec, X, 65. 4 Col. Rec, IX, 447. These taxes seem to have been more than sufficient to provide for the remaining bills, for two thirds of the taxes payable in 1751 and 1752 were abated by the Assembly. Ibid., X, 65, 128. • Col. Rec, X, 157. In 1751 Parliament, which had been considering the subject of colonial currency, enacted a statute prohibiting the Gov ernors of the New England colonies from assenting to any act for the issuance of Bills of Credit, except for current expenses which were to run for a period not longer than two years, or in cases of emergency for a period of five years. Statutes at Large, 14, George II, Chap. 37. FINANCE AND CURRENCY. 57 The colony thus emerged from the paper money craze by the simple, though dishonorable, expedient of paying one ninth of its obligations, and repudiating the other eight ninths. Before all of the old bills had been called in, war again broke out between England and France, and the colony was once more put to it to provide for the extraordinary expenses of the government. The system of borrowing money without interest, had exploded; but some means had to be devised to meet the increasing burden of ex pense, due to the war. The plan adopted was much more sound than any which had been previously tried. In January, 1755, the Court voted to issue 7,500 pounds in interest-bearing treasury notes. In form the notes were as follows: No. ( ) 20s. The possessor of this Bill shall be paid by the Treas urer of the Colony of Connecticut, Twenty Shillings Law ful Money, with interest at 5 per cent, per annum, by the 8th day of May, 1758. By order of the Assembly at New Haven, January 8th, 1755. For sinking the bills, a tax of 2d. on the pound was granted, payable in the new bills or lawful money, by the last day of August, 1757.1 In March, 1755, the Assembly again took up the con sideration of the colony's financial condition. There was still in the Treasury some 5,000 pounds in gold and silver hypothecated for the redemption of the old colony bills. In order to liberate this money to defray the colonial ex penses, the Assembly ordered that the Treasurer should tender to persons presenting colony bills for redemption, interest bearing colony notes, payable in three annual installments in the years 1756, 1757 and 1758. Taxes i Col. Rec, X, 329. 58 CONNECTICUT AS A CORPORATE COLONY. sufficient to sink ihe notes at maturity were ordered, pay able in lawful money, colony bills, or commodities.1 Dur ing the continuance of the war, frequent resort was made to these colony notes for defraying the expenses of the government. They were all of the same tenor, bearing interest at 5 per cent., and payable at a stated time. There is no evidence that payment was postponed on any of the notes, or that they were re-issued when once brought into the Treasury. In strictness these notes did not form a part of the currency, but were in the nature of colony bonds, varying in value, as such instruments do to-day, according to the time they had to run, the inter est accrued and the confidence of the buyer in the maker of the bonds.2 There is, however, evidence that they served as money in the discharge of debts. After 1764, the emission of these notes ceased until 1770, when a new issue of 10,000 pounds was ordered, and the interest reduced to 2| per cent. This would indicate that the colony's credit had improved. The following year the colony inaugurated a new era of fiat money; non-interest bearing notes were agian re sorted to, after an interval of twenty-five years.3 Down to the Revolution, however, this new venture did not re sult in disaster. The notes were not issued in large amounts, were redeemable within two years, and do not appear to have depreciated in value.4 1 Ibid., X, 339. 2 Bronson, op. cit., 82. 3 Col, Rec, XIII, 516. * Bronson, op. cit., 84. CHAPTER III. Land System. When the inhabitants of the three river towns left Massachusetts for their new homes upon the banks of the Connecticut, they settled upon territory to which they had no title, except a squatter's right of possession. In the absence of any Royal Charter or grant from the New England Council, the colonists early turned their attention to strengthening their right of possession, by purchasing the claims of the native proprietors. There is no evidence that the founders of Connecticut accepted the views of Roger Williams, that a valid title could only be obtained by purchase from the Indians, but they pos sessed themselves of the native title, as the only one that could be obtained under the circumstances. Unquestion ably the colonists were also prompted by a spirit of fair ness towards the Indians, in paying them for their land, for even after the granting of the Royal Charter in 1662, when the title of the colonists to their land no longer rested upon occupation and purchase, there was uniform action in extinguishing the Indian title, by purchase and treaty.1 It was early recognized that much confusion would result from indiscriminate purchases of land by in dividuals from the natives. The Indians were none too careful about selling the same land several times to dif ferent purchasers, and many conflicting claims resulted.2 To avoid such confusion of titles, the colonial authorities 'Col. Rec, II, 151, 254; IV, 305, 526. 2 Lamed, Hist, of Windham Co, I, 195, 150. 59 60 CONNECTICUT AS A CORPORATE COLONY. attempted to restrict the purchase of land from the In dians to those who had received the consent of the Gen eral Court.1 These orders of the General Court, however, seem to have been "honored more in the breach than in the observance." It is true that there are instances where persons or groups of persons, applied to the Court for authority to purchase land from the Indians,2 but unauthorized purchases undoubtedly continued, and it must be confessed that the action of the General Court, would incline one to believe that it did not consistently enforce its own orders.3 By the end of the first quarter of the eighteenth cen tury, practically all the Indian claims to the territory of the colony had been extinguished by purchase or treaty, some of them several times over.4 For more than twenty-five years, the colonists of Con necticut held their lands merely by de facto possession and native purchase.5 In 1662, however, through the efforts of John Winthrop, the younger, a Royal Charter was obtained, confirming to the colony not only the land which they occupied, but also annexing to it the formerly independent jurisdiction of New Haven. The Charter granted the land to be held as "of the Manor of East Greenwich" in free and common soccage on the condition ' Col. Rec, I, 402; II, 151; IV, 305. 2 MS. Rec Towns and Lands, IV, 66, 68. 3 After repeatedly forbidding unauthorized transfers of land from the natives, the General Court in 1706 ordered that if any person who had made such an illegal purchase should present an account of it to the Court no advantage would be taken of it. The following year this act was re pealed. Col. Rec, V, 4, 30. * Cothren, Hist, of Ancient Woodbury, 21. «I pass by the somewhat mythical claim based upon the Warwick patent. For a discussion of this patent see Johnston, Connecticut, 88 et seq; Peters, Hist of Conn, 25 et seq.; Hoadley, Warwick Patent,' Acorn Club Publications, No. 7. LAND SYSTEM. 61 of the payment of one fifth the gold and silver found in the colony.1 Prior to the formation of the Fundamental Orders the inhabitants of the three river towns appear to have acted upon their own initiative in making purchases of land from the natives. Neither the Massachusetts Commis sion nor the Court which displaced it seems to have con trolled the granting of land. After 1639, however, all unoccupied land became public domain, and by the Fun damental Orders, the right to dispose of such land was given to the General Court.2 The parceling out of the land of the colony was accom plished in two ways, first, by grants to individuals, and second, by grants to groups of individuals. The indi vidual grants, which were very common during the first fifty years of the colony's history, were in the nature of pensions, salaries, gratuities, or for the encouragement of some commercial enterprise.3 These grants were often made by the General Court in the most indefinite way, allowing the grantee to choose the land wherever he pleased, so long as it did not prejudice any former grant.4 As we approach the end of the seventeenth cen tury, individual grants of land by the General Court be come less common, but do not entirely cease.5 By far the most important manner of dividing the colony lands was by means of grants to groups of individuals with the object of forming new plantations. These grants were usually made in answer to petitions from actual or pros- 1 Poore's Charters and Constitutions, I, 252 et seq. ; Cheyney, The Manor of East Greenwich, Am. Hist Rev., Oct, 1905. 2 Col. Rec, I, 25. "Ibid., I, 276, 323; II, 200, 214; III, 233. * Thus we find 150 acres to be taken up "where it doe not damnify the Indians nor ye plantation," and again " where he can find it in Con necticut limits." Col. Rec, I, 340, 372. ' For grants subsequent to 1700 see MS. Rec. Towns and Lands, III. 62 CONNECTICUT AS A CORPORATE COLONY. pective settlers of a new plantation. J If the petition was approved by the Court, a committee was generally ap pointed to view the proposed plantation, to see if the location was suitable, to consider the number of inhabi tants it would accommodate, and to lay out the town plot and home lots.2 The General Court might, and often did, direct more fully the formation of a new town. It was common for the Court to restrict the time in which the settlers should occupy and improve their grants.3 The manner in which the land should be divided among the settlers was at times specified by the General Court. Thus it was ordered that each proprietor should have "equal and even shares" of the lands in Ridgefield.4 In granting the plantation at Litchfield, the Court ordered that the township should be divided into 60 "rights," three of which were to be reserved for pious purposes.5 In settling the town of Waterbury, the com mittee of the General Court controlled the plantation for five years.6 Add to the above activities of the Court the appointment of surveyors to fix the bounds of town grants, the settlement of disputes between towns as to their respective boundaries, and the occasional minute direction in special cases, and we have a substantially complete view of the land system, so far as the colony was concerned. In short, the land system of Connecticut was similar in all respects to that of the other corporate colonies of New England.7 In these colonies there ap peared no systematic attempt to obtain a revenue from 1 Occasionally the General Court took direct action in settling a town ship without a petition. Col. Rec, V, 180 ; VI, 63. 2 Col. Rec, II, 210; V, 55, 160. 3 Ibid., II, 128. • Ibid., V, 121. 3 Ibid., VI, 127. 8 Anderson, Hist, of Waterbury, I, 150. ' Osgood, American Colonies, I, 425 et seq. LAND SYSTEM. 63 the public domain. Land was granted freely to the settlers, and seldom leased or sold by the colony. Quit rents and alienation fines formed no part of the revenue of the corporate colonies. It is true that during the eighteenth century public land was not granted with such a free hand in Connecticut as had formerly been the case. It became common, in fact even the rule, for the colony to require some compensation for land grants,1 but there is no evidence that the colony aimed to obtain a per manent revenue by leasing the public lands, nor do any officials distinctly charged with the administration of the public domain appear. We come now to consider the manner in which the land granted to groups of individuals was distributed; how individual ownership displaced joint ownership. It is in this connection that the real importance of the land system appears. It is to be expected that the different localities in working out an agrarian policy would vary in some essential points, and in many details. Such being the case, it is difficult to make a general statement as to the land policy, which would apply equally to all the towns. There was, however, enough similarity of treat ment to justify us in speaking of a land system. Fur thermore, there was sufficient difference between the territorial policies of the towns formed during the seven teenth century and of those formed during the eighteenth century to warrant us in treating them separately. It has been noted that the settlement of a town was usually occasioned by a petition from prospective or actual settlers. These settlers formed a reasonably definite group, and we are met at the outset with the question— were these petitioners granted the land as 1 The most noteworthy of the sales of public lands was that of the seven townships sold at public auction in 1737. Col. Rec, VIII, 134, 170. See also Col. Rec, VI, 194; MS. Rec. Towns and Lands, II, 273. 64 CONNECTICUT AS A CORPORATE COLONY. proprietors in fee simple, or were they acting merely as trustees for the town in its corporate capacity? During the first fifty years of the colony's history, the question did not appear to be of much importance. In most of the towns the grantees included all, or nearly all, the free men of the town, and under these circumstances a town meeting would be at the same time a meeting of the pro prietors. As a result it became customary in most of the towns during the seventeenth century to make allot ments of land and provide for the regulation of the un divided land in the town meeting.1 The attitude of the General Court, moreover, seemed to confirm the view that the towns should have the power to regulate their common lands. In 1639, in defining the powpr of towns, the General Court stated that the "Towns of Hartford, Windsor and Wethersfield, or any other Towns within this jurisdiction, shall each of them have power to dispose of their own lands undisposed of."2 Again, in 1643, the General Court ordered that as the condition of the plan tations required that much of the land should be improved in common, each town should, before the next meeting of the Court, choose seven "able and discreet men to take the common lands belonging to ech of the seurall townes, respectively, into their serious and sadde consideration."3 As we approach the end of the seventeenth century, however, the distinction between the original settlers and their descendants, and those who came in after the settle- 1 Hartford Town Votes, 39, 42, 46, et passim; Adams-Stiles, Hist, of Wethersfield, I, 95 ; Andrews, Three River Towns, J. H. V. S., VII ; Allen, Hist, of Enfield, passim; Steiner, Hist, of Guilford, 174; Colchester, Town Rec, passim; Caulkins, Hist, of Norwich, 95; Cothren, Hist, of Ancient Woodbury, 145. 2 Col. Rec, I, 36. 3 Col. Rec, I, 101. It is possible that this referred merely to the sequestered town commons, but it does not appear from the records that such was the meaning of the provision. LAND SYSTEM. 65 ment of the towns, becomes more marked. Land had in creased in value with the increase in population. The number of inhabitants who were not descendants of origi nal settlers was constantly augmented. As a result we find developing in most of the towns three distinct classes of inhabitants: first, the original settlers or "proprie tors," their heirs, assigns and successors; second, ad mitted inhabitants of the town, who were not proprie tors; third, transients, who were neither proprietors nor admitted inhabitants.1 The first two classes formed the active part of the population of the town. The pro prietors were, relatively, a fixed group, while the ad mitted inhabitants were constantly increasing. In the natural cours.e of events, the latter would soon come to hold the balance of power in the town meeting, and as the administration of the land had become a function of the town meeting, they would control the distribution of the undivided land. The proprietors, in order not to lose control of the land, set up the claim that the grant made by the General Court, was to the original settlers, their heirs, assigns and successors in fee simple, and not to the town in its corporate capacity, and that the proprietors should have the exclusive right to grant the undivided land in the town. In some of the towns where the Proprietors were still in the majority, no effective opposition was made to their claims,2 but in towns where the non-commoners equalled or outnumbered the proprietors, the pretensions 1 Dr. Stiles in 'his recent thorough study of Wethersfield makes a four fold division (1) proprietors, (2) freemen of the commonwealth, (3) ad mitted inhabitants of the town not freemen of the commonwealth, (4) householders. This classification does not include the transient resident, who, though he received scant courtesy from the town, was still a portion of the population. Adams-Stiles, Hist, of Wethersfield, I, 41. 2 In Windsor undivided land was granted exclusively by the proprietors. Andrews, Three River Towns. 66 CONNECTICUT AS A CORPORATE COLONY. of the latter were not quietly acquiesced in. In Simsbury, as early as 1672, a controversy arose as to whether the "outlands" belonged to the original proprietors, or to the inhabitants of the town generally. At a town meet ing held in April, 1672, it was voted to divide a portion of these lands among the inhabitants of the town; simi lar divisions were also voted in 1680 and 1688, against all of which the proprietors protested ineffectually. The question again arose in 1719, when a committee appointed for the purpose reported, and the town voted, that "the right of disposal of common or undivided land, is and shall be in all such and them only who can derive their right so to do, either from an act of the General Assem bly, and their heirs and assigns, or those who have been admitted inhabitants, and their heirs and assigns, or shall hereafter be admitted inhabitants with that power and right expressly inserted in the town's vote of admis sion."1 To this action of the town the proprietors took exception. The town, however, continued to grant the undivided land until the action of the General Court sus tained the contention of the proprietors, after which the remaining common lands were managed and conveyed exclusively by the proprietors. Similar controversies were carried on in New London, Canterbury, Ashford and other towns.2 It was in connection with the struggle in New London, that the question was brought before the General Court in 1719 for final settlement by petitions from both the town and the proprietors.3 The attitude of the General Court 1 Phelps, Hist, of Simsbury, 80. 2Caulkins, Hist of New London, 263; Larned, Hist, of Windham Co, I, 156; Ibid., I, 214 et seq. 8 MS. Rec. Towns and Lands, III, 174-184. Gov. Saltonstall strongly supported the proprietors of which he was one. See his protest against the action of the town in dividing the common lands. MS. Rec. Towns and Lands, III, 239. LAND SYSTEM. 67 had been at first, as we have seen, that the towns were empowered to regulate and dispose of the common lands. The first indication of a change of view on the part of the Court was in 1685, when patents were first issued to the various towns.1 In these patents it was stated that the land in the towns was granted ' ' to the said pro prietors inhabitants, their heirs and assigns."* In con firming the patents of several towns in 1703, the follow ing even stronger expression was used: "all and every the several above mentioned lands with all rights and im munities contained in the above mentioned patent, shall be and remain a full and clear estate of inheritance in fee sim ple to the several proprietors of the respective towns."3 The next expression of the General Court upon this important question, was in answer to the New London petitions. When the petition of the town was first pre sented long debates ensued, the Upper House favoring the proprietors and the Lower House favoring the town. 4 The Court finally ordered that, it "being a matter of so great weight and general concern as to effect the gener ality of the towns, ' ' consideration of the question should be postponed until the next session of the Court.5 At the following session it was resolved that the patent to the town did ' ' confirm the lands in said township to each and every proprietor in such towns, and to such as have any distinct propriety there though not living in such towns . . . also all lands not divided or disposed to hold as tenants in common ; all of which undivided lands were confirmed to them, the said proprietors, their heirs and 1 Probably the reason for the issuance of the patents was to guarantee the titles to land that had been granted, before the colony's charter was vacated by Quo Warranto proceedings which were then pending. 2 Col. Rec, III, 177. 3 Col. Rec, IV, 443. '- MS. Rec Towns and Lands, III, 174 et seq. s Col. Rec, VI, 131. 68 CONNECTICUT AS A CORPORATE COLONY. assigns, so that no person by becoming an inhabitant afterwards could have any right to dispose of any land in said town by voting in a town meeting."1 But the General Court ordered that all titles to land which had been previously obtained by town votes were to be valid. The proprietors having carried their point, in many of the towns they took steps to organize themselves in a more permanent manner. Proprietors' meetings were held distmct from the town meetings, and the regulation and disposal of the undivided land was thenceforth con trolled exclusively by the proprietors. The corporate character of the proprietors was recognized by the Gen eral Court in a number of acts. The proprietors were required to hold a meeting upon the application of at least five of their number; they were empowered to levy taxes upon themselves, and to choose a clerk duly sworn to record their proceedings.2 At a proprietors' meeting a moderator and clerk, and usually a treasurer, were chosen. Much of the business of the proprietors was transacted by means of committees. Thus committees were appointed to provide for the division of the common lands, to look after the common fence, to search out and prosecute trespassers, to survey grants and lay out high ways, etc.3 Attorneys were also appointed by the pro prietors to prosecute and defend all actions brought in the name of the proprietors. While the proprietors in any given town were, in theory, the heirs, assigns and successors of the original settlers, and hence tended to become a close corporation, in many of the older towns the theory did not agree with 1 Ibid., VI, 189. 2 Ibid., VI, 25, 379, 424. 3 See Proprietors Rec. of New Hartford, Norfolk, Canaan, Guilford and other towns. LAND SYSTEM. 69 the facts. Through lack of records in some towns it was impossible to discover who were the original settlers, and in such cases the taxable inhabitants at a given time were reckoned as proprietors.1 Furthermore, the proprietors not infrequently added to their numbers. Thus in 1713, the proprietors of Colchester voted to add some twenty-four persons to the list of proprietors.2 In Waterbury we find a distinction made between the original proprietors called "Grand Proprietors" and those later admitted called "Bachelor Proprietors." The latter shared in the divis ions of common lands, but had no voice in granting land.3 We have thus far examined the administration of the land system, as it developed in the towns of the seventeenth century. The attempt has been made to show that, while at first the towns in their corporate capacity regulated the territorial policy, by the end of the century the pro prietary system had become general. In many of the older towns, however, the greater part of the common land had been distributed before the proprietors obtained exclusive control, and hence their activity was consider ably restricted. It is when we reach the towns formed during the eighteenth century, that we find the system of proprietary holdings most fully developed. We come now to consider these towns. The territory from which the greater number of the towns of the eighteenth century were formed was the so- called "Western Lands, "covering approximately the pres ent county of Litchfield. All of this vast territory compris- xIn Guilford the body of the proprietors was fixed by town vote in 1697, and included all those that were settled planters in 1686. Steiner, Hist, of Guilford, 174. In New London such persons as were land holders in 1703 when the town patent was granted were considered proprietors. Caulkins, Hist, of New London, 263. 2 Colchester, Prop. Rec, April 28, 1713. "Anderson, Hist, of Waterbury, I, 280; Bronson, Hist, of Waterbury, 116. 70 CONNECTICUT AS A CORPORATE COLONY. ing over 300,000 acres, had been granted by the General Court to the towns of Hartford and Windsor, in 1675.1 This grant was made in anticipation of the loss of the charter, and in order to prevent the lands from falling into the hands of Andros. Not much attention was paid to the territory, until after the opening of the eighteenth century. The land was rugged, and other more desirable territory was available for settlement. The first attempt made by the Hartford and Windsor patentees to improve their grant, was in the settlement of the town of Litchfield in 1719. The General Court while granting the privilege of settling this town, prac tically rescinded, at the same time, the former extensive grant to the two towns.2 The inhabitants of Hartford and Windsor, resisted3 this act of the General Court, and the title to the lands was in dispute until 1726, when a compromise was reached by dividing the territory be tween the two towns and the colony.4 The territory re served to the colony embraced the present towns of Canaan, Norfolk, Goshen (including Warren) and about two thirds of Kent, while Hartford and Windsor received the present towns of Colebrook, Hartland, Winchester, Barkhamsted, Torrington, New Hartford and Harwinton. These towns may be taken as typical of nearly all the towns formed during the eighteenth century, and an ex amination of the system of land administration in these towns will suffice as showing the chief characteristics of all towns formed during this period. In 1732, the towns of Hartford and Windsor made a division of their portion of the Western Lands, by which 1 Col. Rec, III, 225. 'Ibid., VI, 127. 3 Trumbull gives an account of *, riot at Hartford caused by the dis pute over the title to this territory. This story, however, has been dis credited. Trumbull, II, 96; Boyd, Annals of Winchester, 11. 'Ibid., VII, 44, 337. LAND SYSTEM. 71 the townships of Hartland, Winchester and New Hart ford, and the eastern half of Harwinton, went to Hartford, and the townships of Colebrook, Barkhamsted, Torring- ton and the western half of Harwinton, fell to Windsor. In the same year the General Court authorized the in habitants of Windsor, and the following year the inhabit ants of Hartford, to meet and make partition of their land to individual proprietors.1 The taxable inhabitants of the two towns were then divided into seven "com panies," each owning a township. The share of any individual in a company, depended upon the amount of his ratable estate in Hartford or Windsor. The manner in which the part of Western Lands reserved to the colony was disposed of, and proprietorships created, is of interest, as characteristic of the way in which prac tically all the remaining public domain was parceled out. In 1737 the General Court ordered that the five town ships on the east of the Housatonic River, and the two on the west,2 should be sold at public auction in certain specified towns of the colony.8 Six of the seven town ships were divided into fifty-three "rights" or shares.4 Three of the rights in each township were reserved, one for the use of the ministry, one as a gratuity to the first minister, and one for the support of the town school. The remaining fifty rights were sold to the highest bidders. The Court, however, fixed certain minimum prices for each right, ranging from 30 to 60 pounds. Cer- 1 Col. Rec, VII, 387, 445. 2 The five townships on the east side of the river were Norfolk, Canaan, Goshen, Cornwall and Kent; the two on the west Sharon and Salisbury. 3 Norfolk at Hartford, Goshen at New Haven, Canaan at New London, Cornwall at Fairfield, Kent at Windham, Salisbury at Hartford, Sharon at New Haven. All the townships seem to have found purchasers except Norfolk which was not finally sold until nearly twenty years later. Col. Rec, VIII, 135; X, 320. 4 Salisbury was divided into twenty-five rights. 72 CONNECTICUT AS A CORPORATE COLONY. tain restrictions were placed upon prospective purchas ers. They were required to be inhabitants of the colony, to settle themselves or their agent and live three years in the town in which they purchased land, to build a house of certain specified dimensions, and clear and fence at least six acres of land.1 The method thus employed of distributing the public land might be termed the ' ' eighteenth century plan, ' ' and from it developed certain characteristics which were markedly different from those of land system in the older towns. Perhaps the most striking distinction in this respect between the older and later towns, was the appearance in the latter of absentee proprietors, and the land speculation incident to such proprietorship. In the older towns the proprietors were, to a large ex tent, actual settlers, and their land holdings were confined largely to the town in, which they lived. In the towns formed during the eighteenth century, however, the pro prietors bought land in a township having no intention of settling there. The land was purchased merely upon speculation, and it was common to find a large part of the land in a township change hands before any settle ment had been made.2 Proprietors' meetings were held where a majority of the proprietors lived,3 and this was often not in the town of which they were proprietors. 1 Col. Rec, VIII, 134 et seq. 2 Not one of the 106 original proprietors of Winchester ever dwelt in the town, and only one son of a proprietor ever had a permanent residence there. Boyd, Annals of Winchester, 31. Of the twelve proprietors of Union only one was an actual settler. Lawson, Hist, of Union, 39. Of the 41 original proprietors of Sharon about one half became residents. Sedgwick, Hist, of Sharon, 24. In 1761 the proprietors certified that of the 25,000 acres of land in Cornwall from eleven to twelve thousand acres were owned by non-residents. MS. Rec. Towns and Lands, VIII, 278. See also Orcutt, Hist, of New Milford, 70; Atwater, Hist, of Kent, 17; MS. Proprietors Rec. of New Hartford, 11 et seq. 3 The meetings of the proprietors of New Hartford were held at Hart ford from 1732 to 1738. The first meetings of the Goshen proprietors were LAND SYSTEM. 73 The distinction between the proprietors' meetings and the town meetings, and their spheres of activity, were very much more clearly marked in the towns of the eigh teenth century, than was the case in the older towns. Seldom or never do we find the town meetings in the later towns interfering in the regulation or distribution of the common land. The exclusive right of the pro prietors to deal with these questions was generally con ceded from the outset. Disputes between the towns and the proprietors did arise, but these were usually concern ing the right of the town to tax the proprietary lands.1 An outcome of the tendency to land speculation was the delay which resulted in the settlement of some of the towns. Land being held largely for a speculative in crease in value and not for actual settlement, long periods of time elapsed between the sale of a township and its actual settlement.2 The proprietors as a body, in the later as in the older towns, continued their activity as long as there remained common or undivided land. At first their meetings were frequent, but as the successive divisions of common land constantly diminished their holdings in severalty, their activity decreased and meetings were held less and less frequently.3held at Litchfield, of the Cornwall proprietors at Hartford, of Norfolk proprietors at Simsbury, of the Canaan proprietors at Wethersfield, and of the Kent proprietors at Windman. MS. Prop. Rec. of New Hartford, Norfolk and Canaan. Hibbard, Hist, of Goshen, 30; Gold, Hist, of Corn wall, 20; Atwater, Hist, of Kent, 22. 1 MS. Rec. Towns and Lands, III, 136, 195 ; MS. Prop. Rec. of New Hartford, August 6, 1744; Lawson, Hist, of Union, 50. a Winchester, one of Hartford's towns in the Western Lands, was not settled or divided until twenty-nine years after the division of the Western Lands. Boyd, Annals of Winchester, 31. It was nine years after the sale of Union before any attempt was made to divide the land among the pro prietors. Lawson, Hist, of Union, 38. 3 Meetings of the proprietors of Norfolk were held regularly twice, or oftener, a year until 1768, then no meeting is recorded until 1804, and then 74 CONNECTICUT AS A CORPORATE COLONY. Thus far in the treatment of the land system, emphasis has been laid merely upon the question of administration. In this treatment the attempt has been made to show that the activity of the colonial authorities in adminis tering the land system was little more than supervisory, while the real direction and administration of the land was left to the localities. Furthermore that in the towns the system of proprietary administration had displaced the town administration of land by the end of the seven teenth century. The system of proprietary control which became general during the eighteenth century, was in all essential points analogous to the administration of the land system in the proprietary provinces.1 The pro prietors in the Connecticut towns were a reproduction on a smaller scale of the proprietors of Maryland and Penn sylvania. While the elaborate administrative machinery of the latter did not appear in any of the Connecticut towns, still the aims of the proprietors in each case were identical, namely, to obtain a revenue from their lands. We come now to consider the manner in which" the land of a township was distributed among the individual pro prietors. Here again a distinction will be made between the earlier and later towns. The character of the land in any township varied ac cording to its location and topography. In most of the older towns which were situated on or near rivers or streams, the land might be classified roughly under the following heads : (1) Meadow or marshy land ; (2) cleared upland; (3) uncleared or wooded land. Upon the cleared at intervals of ten years or more until 1856. Meetings of the Canaan pro prietors were held at intervals of two or three months until 1765, then irregularly until 1804. MS. Prop. Rec. of Norfolk and Canaan. See also Caulkins, Hist, of New London, 263 ; Allen, Hist, of Enfield, I, 92 • Steiner, Hist, of Guilford, 175. 1 Osgood, American Colonies, II, 16 et seq. LAND SYSTEM. 75 upland was usually located the town plot, home lots, and planting grounds. The meadow furnished hay and pas turage, while in the wooded land were pastured the swine, sheep and young cattle.1 The first step in the settlement of a town was the laying out of the town plot and the assignment of home lots. This, as we have seen, was often done by a committee of the General Court.2 The home lots varied greatly in size in the different towns, and often within the same town. In Guilford they ranged from 1 to 10 acres; in Wall- ingford and Enfield they were uniformly 10 or 12 acres ; in Litchfield 15 acres, while in Woodbury the inhabitants were divided into six "ranks," the home lots of the differ ent ranks being 25, 20, 18, 16, 12 and 10 acres.3 Generally the location of a person's home lot was determined by chance, but not infrequently the minister or other promi nent settler would be allowed first choice.4 After the home lots had been granted, the upland and meadow was subject to grant. Here again the division was usually made by lot. The circumstances which determined the size of a person 's home lot, as well as his share of meadow and upland, varied in different towns. Occasionally, though not often, a rigid equality was observed in the assignment of home lots and other land.5 Generally, in the earlier divisions, an attempt was made to proportion a person's share to his investment, or activity in forming the plantation, or his ability to advance the interests of the community. As time passed, the amount of a per son's taxable estate became the common index for de- 1 Osgood, American Colonies, I, 437. 2 Col. Rec, II, 210; V, 55, 160. 3 Steiner, Hist, of Guilford, 49; Davis, Hist, of Wallingford, 81; Wood ruff, Hist, of Litchfield, 18; Allen, Hist, of Enfield, I, passim; Cothren, Hist, of Ancient Woodbury, 39. 4 Caulkins, Hist, of New London, 59. s Col. Rec, V, 55, 121; Andrews, Three River Towns, J. H. V. S., VII. 76 CONNECTICUT AS A CORPORATE COLONY. termining his share in the undivided lands.1 In Walling- ford the whole population was divided into three "ranks." The persons in the first "rank" paid double the amount of taxes of those in the lowest "rank," and one third more than those of the middle "rank." Land was then divided among the ranks in the proportion of 4, 6, and 8.2 In Guilford, in the fourth division of land, the rule was that there should be given one acre of land for every pound in the list, 18 acres for each male child, and 10 acres for each woman or female child.3 There appeared in some of the towns a desire to prevent too large an accumulation of lands in the hands of a few persons. In the "Articles of Association and Agree ment, ' ' entered into by the planters of Waterbury, it was provided that no person should subscribe to more than 100 pounds' allotment.4 In Guilford it was provided that no one should put in his estate above 500 pounds to "require accommodation in any division of lands."5 Seldom, or never, was all the undivided land of a town granted in one division; successive divisions were made as occasion demanded. As a result it was common to find a person's estate distributed about the town in a number of small tracts.6 Besides the regular division of land in which all, or a majority, of the inhabitants shared a large number of individual grants appear in the records of the different towns. These grants were made sometimes to accommO- 1 Norwalk Town Records, December 12, 1687 ; Andrews, Three River Town, J. H. V. 8., VII ; Lamed, Hist, of Windham Co, I, 37. 2 Davis, Hist, of Wallingford, 81. 3 Steiner, Hist, of Guilford, 173. 4 Bronson, Hist, of Waterbury, 8. 6 Steiner, HistJ of Guilford, 49. 6 One Isaac Gleason possessed some twelve separate portions of land in different parts of the township of Enfield. Allen, Hist, of Epfield i' 137 et seq.; Compare Osgood, American Colonies, I, 449. LAND SYSTEM. 77 date new settlers, at others to equalize a person's share in a regular division because of deficiency in the quality of the land, and again to poor settlers that did not share in the general distribution.1 A result of the manner of dividing land which has just been described was that a considerable portion of the land would remain for a greater or less period of time undivided. The fencing and regulation of this common land was an important function of the town or proprie tors' meetings. Furthermore, it was customary, when a given portion of common land had been divided among the proprietors, to allow the land to remain in one com mon field. Each owner improved his own part of the common field in his own way, and after the crops had been removed, it was the custom to depasture the field, allowing each owner to turn in a number of cattle proportioned to his acreage of land in the field.2 Of the common fence each proprietor was required to build and keep in repair an amount proportioned tp the amount of his holding in the field. The fences were viewed at regular intervals by fence viewers, and fines were imposed on those proprietors who failed to keep their portion in repair.3 Besides the proprietary fields which lay in common, there were the town "commons." The latter were certain amounts of land sequestered by vote of the town or proprietors for the use of the town generally. These commons furnished pasturage, firewood, timber, stone, etc., to the inhabitants of the town without any reference to their proprietary ownership. These commons were maintained in some towns for many', years, but finally were divided as the i Hartford Town Votes, 197, 212, 238; Derby Rec, 28, 29, 78, etc; Allen, Hist, of Enfield, I, 283. 2 Adams-Stiles, Hist, of Wethersfield, I, 113; Eggleston, Land System of the New England Colonies, J. H. V. S., IV, 594. 3 Steiner, Hist, of Guilford, 246. See a good description of common fields and fences in Bronson, Hist, of Waterbury, 47 et seq. 78 CONNECTICUT AS A CORPORATE COLONY. other proprietary lands.1 The maintenance of common herds and herdsmen was a characteristic accompaniment of the system of common fields. The cattle and sheep of a town were placed in one or more herds under the charge of regularly chosen town herdsmen and shepherds.2 An interesting feature of the land system of the older towns was the restrictions which were placed upon the right of an individual to alienate his land. As the entire right of commoners both in the divided and undivided lands might be sold or transferred, it was deemed neces sary in order to prevent undesirable persons from becom ing land holders and possible inhabitants of the town, to restrict the right of a person to dispose of his land at will. In 1659 the General Court provided that no person should sell his land until he had first offered it to the town in which the land lay, and the town had refused to purchase it.3 To this general enactment the towns added other restrictions. From the first, Hartford had required the consent of the town to the sale of lands.4 In Enfield a person was required to occupy his grant of land seven 'Adams-Stiles, Hist, of Wethersfield, I, 113 et seq.; Bronson, Hist, of Waterbury, 79 et seq. An interesting controversy occurred over the division of the town commons in Hartford in 1754. The descendants and successors of the "Ancient Proprietors" claimed the right to divide the commons among themselves, and proceeded to lay out a division. The "Inhabitants Proprietors," or tax paying inhabitants, disputed this division and proceeded to lay out the commons to the taxable inhabitants. This soon produced a number of suits in the courts to determine the title. After various decisions, generally in favor of the Ancient Pro prietors, a compromise was reached by which the town purchased the rights of the Ancient Proprietors. The land was then distributed, prob ably, among the taxable inhabitants. MS. Documents in the library of the Conn. Hist. Soc 2 In New London the cattle were placed in two herds each with a keeper. Caulkins, Hist, of New London, 82. See also Allen, Hist of Enfield, I, 328; Steiner, Hist of Guilford, 240. 3 Col. Rec, I, 351. 4 Hartford, Town Votes, February 21, 1636. LAND SYSTEM. 79 years, and also obtain the consent of the town before he could sell it.1 Coming now to the divisions of land in the towns formed during the eighteenth century. It will be remembered that it was usual during the eighteenth century for the General Court to sell townships instead of freely grant ing them. These townships, as we have seen, were usu ally divided into a certain number of "rights," each right entitling the purchaser to an equal share in the land of the township. Thus the basis for the division of land was exclusively investment, not ability or taxable estate, as had been common in the older towns. Naturally this resulted in much greater uniformity in the size of home lots and other holdings. The successive divisions of land followed each other with greater rapidity in the later than in the older towns.2 The frequent transfer of land holdings was a feature of the land system in the towns of the eighteenth century. Ofter, an entirely new set of proprietors would participate in the third and later divisions of common lands, than had taken part in the first division. Common fields, fences, and herds were much less a feature of the town economy of the later than of the earlier towns. This was due in part to the fact that the colonists had emerged from the primitive condi tions of land cultivation, but more largely to the fact that in many of the later towns the proprietors being non-residents or speculators, did not improve their holdings. 1 Allen, Hist, of Enfield, I, 62. See similar provisions. Caulkins, Hist. of Norwich, 102; Davis, Hist, of Wallingford, 80; Cothren, Hist, of Ancient Woodbury, 40. 2 There were twelve divisions in Canaan, eight of them in the first seven years after the settlement of the town. In Norfolk there were eight divisions, in New Hartford five, in Kent ten and New Milford fourteen, most of them at short intervals. MS. Prop. Rec of Canaan, Norfolk and New Hartford; Atwater, Hist, of Kent, 17; Orcutt, Hist, of New Mil- ford, 13. CHAPTER IV. Military Affairs. The organization and administration of the militia was one of the many functions of the Legislature. Prior to the formation of the Fundamental Orders, the Massachu setts committee had assumed as full control over military as over civil affairs. Watches were ordered, the posses sion of arms and ammunition was required, and regular trainings were instituted.1 The "Courte" which dis placed the Commission, likewise exercised full sway in military affairs. Its first act was to declare "an offensiue war" against the Pequot Indians.2 The "Fundamental Orders" did not specify the regulation of military affairs as one of the functions of the General Court, but it was comprehended under the general grant of power "to make laws and repeal them." The terms of the charter were more specific in dealing with this subject. It was stated that the "Chief Commanders, Governors and Officers" of the colony could assemble "in Warlike posture" the inhabitants; appoint and commission officers to command them; repel invasion by sea and land, and declare mar tial law when occasion should require.3 It will be noted that a strict interpretation of these provisions would place the control of the militia in the hands of the executive, and such it would be reasonable to suppose was the in tention of the authorities in England. In the colony no such meaning was placed upon the words, and the power 1 Col. Rec, I, 2, 3, 4. 2 Ibid., I, 9. 3 Ibid., II, 9. 80 MILITARY AFFAIRS,. 81 of the Legislature in the administration of military affairs was in no respect lessened. In times of actual conflict, the General Court found it necessary to delegate its powers of military administration to special committees or "Councils of War." The first mention of such a body was in 1663, when the General Court, in anticipation of trouble with the Dutch at New York, appointed a committee to act "in all necessary concernments, both military and civil, ' ' in the interval of the General Court. In strictness this was not distinctly a ' ' Council of War. ' n Again in 1665 the General Court ap pointed a committee, in anticipation of a Dutch invasion,2 to order the militia in the interval of the court. The follow ing year a similar committee was appointed. These were called "Committees of the Militia," and there appears to have been at least one such committee in each country.3 The threatened invasion did not materialize, and it does not appear that the committees were called upon to perform any important duties. In 1673, once more in anticipation of war with the Dutch, the first distinct "Councell of Warr" was created. It was composed of the Governor or Deputy Governor, and assistants, with five military officers. It was empowered to establish and commission officers, proclaim martial law, and to organize and direct the contemplated expedition to Long Island.4 During Philip's war, the Council of War seems to have been merged in the Gov ernor's Council, which took an active part in directing the 1 For the sake of clearness it might be well to note again the distinction between the Governor's Council and the Council of War. Both might and did exist at the same time. The latter was created only in times of danger and had purely military powers, while the former existed in both peace and war and might exercise both military and civil powers. Col. Rec, IV, 442. 2 This was the threatened invasion of De Ruyter. Smith, Hist, of New York, I, 37. 3 Col. Rec, II, 21, 44, 69, 182. 4 Ibid., II, 219, 220. 82 CONNECTICUT AS A CORPORATE COLONY. military operations during that struggle. This was true also during the first of the intercolonial wars.1 At the opening of the second intercolonial war, however, a dis tinct Council of War again appears.2 In 1704 were cre ated County "Committees of Safety" which were em powered to "consult, advise, direct and comand in all affairs proper for a comittee of saftie in time of warre." These committees appear to have looked to the particular defence of the county frontier.3 During the third and fourth intercolonial wars, both the general and county councils continue as a feature of the military ad ministration.4 While the powers conferred upon the various commit tees or councils were broad, they were always under the control and direction of the General Court. The latter, when in session, was constantly active in disposing and directing the military forces, and issuing orders to the Council of War.5 In connection with the control and direction of the colonial militia, an interesting and important controversy arose toward the end of the seventeenth century, which continued at intervals throughout the colonial period. As will be seen, the wars in which the colony was involved during the first fifty years of its history, were merely local Indian struggles, which, at most, required only the com bined activity of the New England colonies. With these wars the authorities in England were not immediately concerned. No aid was received from the mother country, ' Ibid., II, 261, 270, etc.; IV, 6, 14, 18, etc. 2 Ibid., IV, 442, 458. 3 In appointing the Committee of War for Hartford Co, the General Court stated that it should have power to send out what soldiers were needful, not exceeding sixty except in case of invasion, to defend the frontiers and to appoint officers for such soldiers. Col. Rec V 33 4 Ibid., IX, 30, 75; X, 319, 334. Ibid., IV, 349; V, 85; IX, 71. MILITARY AFFAIRS. 83 and no attempt was made by the home government to direct the military affairs of the colonies, either by an appoint ment of a commander-in-chief or by the dispatch of instruc tions. The colonists were left alone to work out their own salvation. With the advent of the intercolonial wars in the last decade of the seventeenth century, however, a wholly different condition of affairs appeared. These wars were much more than purely local struggles affecting New England. Besides being on a much larger scale than any of the previous wars, they were destined to decide the colonial supremacy of two of the leading European na tions. In these wars the authorities in England took an immediate and active interest. At the outset it became apparent that any efficient military activities requiring long and continued service would be impracticable, if not impossible, under the system of divided authority which obtained in the colonies, and particularly in the corporate colonies of New England, where there were no royal officials to carry out the orders of the home government. With a view to obtaining some measure of cooperation among these colonies, at the opening of the first inter colonial war Governor Fletcher, of New York, and Gov ernor Phips, of Massachusetts, were authorized to com mand the militia of Connecticut.1 Phips did not seek to enforce this part of his commission, and it was soon with drawn.2 Fletcher was more persevering. He arrived in New York in 1692, and came to Hartford in October of the following year, to publish his commission. The de mand of Fletcher was submitted to the General Court 1 Trumbull, op. cit., I, Appendix XXV; R. I. Col. Rec, III, 296; Docu ments Relating to the Colonial History of N. Y, III, 827. 2 Phips wrote to the Governor of Connecticut acquainting him with his commission, and the Court answered, that having received no commands from his Majesty concerning the matter, they would maintain their chartered rights. Col. Rec, IV, 77; MS. Rec. War, II, 158, 159, 162. 84 CONNECTICUT AS A CORPORATE COLONY. then in session, which body replied, "that finding in your Excellencies Commission no Express, Superseding of the Commission of the Militia in our Charter ... we cannot but conceive it our duty ... to continue the militia as formerly; till by our Agent now sent for in England, we shall receive further Orders from Their Majesties, ' n The determined stand taken by the colonists caused Fletcher to attempt to conciliate them. He offered to place the command of the militia under Governor Treat, and further stated that "he has neither the power or intention to in vade any of their civil rights," but added that "I may assure you that I will not set a foot out of the colony till I see an obedience paid to this commission by all such as are loyal subjects of his majesty, and will distinguish the rest."2 There is a more than doubtful tradition related by Trumbull of the strenuous manner in which Fletcher was treated.3 However, the Colonel reached the conclu sion that it would be useless to force the matter further, and he returned to New York without having accomplished his object. In the meantime Fitz John Winthrop had gone to England to petition the King to allow Connecticut to re tain control of her militia.4 Within a few weeks the Privy Council, on advice of the Lords of Trade, limited Fletcher's right over the Connecticut troops to the extent of including in his command, 120 men to be furnished by Connecticut "at all times during the war."5 » Col. Rec, IV, 113. 2 Ibid., IV, 114. 3 Trumbull, I, 393. Compare Palfrey, Hist, of New England, 226 note; Doc. Rei. to the Col. Hist, of N. Y, IV, 69 et seq.; Calendar of State Papers, America, 1693-1696, particularly Col. Bayard's account of Fletcher's proceedings at Hartford. * Calendar of State Papers, ibid., 277 ; Doc. Rei. to the Col. Hist, of N. Y, IV, 102; Mass. Hist. Soc Colls, 5th Series, VIII, 327, 330. s Calendar of State Papers, ibid., 283 ; Mass. Hist. Soc. Colls, 5th Series IX, 176; Doc Rei. to the Col. Hist, of N. Y, 103 et seq. MILITARY AFFAIRS. 85 Lord Bellomont's commission,1 like those of Phips and Fletcher, included the command of the Connecticut militia, but he made no attempt to enforce this part of his com mission. In most, if not all, the commissions of the suc ceeding Governors of New York, a clause was inserted vesting in them the command of the Connecticut militia. Usually the Governors made no attempt to enforce this power. Occasionally, however, the matter was brought to the attention of the Connecticut officials. Lord Corn- bury, in a letter to the Board of Trade, asked for a com mission to nominate the militia officers of Connecticut, and also suggested that an act of Parliament be passed for regulating the militia in all the colonies.2 Neither of these suggestions was acted upon by the home govern ment. Governor Burnet, in 1722, seems to have sent a demand for the command of the militia, but with no ap parent result.3 As late as 1766 we find Governor Moore, of New York, attempting to enforce this part of his com mission, only to meet with as little success as his pre decessors.4 The possession of arms and ammunition by all adult males, and, with some exceptions, universal military ser vice lay at the basis of the militia system of the colony.5 •New Hampshire Prov. Papers, II, 343. Doc. Rei. to the Col. Hist. of N. Y, IV, 261. 2 Doc. Rei. to the Col. Hist, of N. Y, IV, 884, 912; V, 60. 3 Col. Rec, VI, 334; MS. Rec. War, III, 177. * Doc. Rei. to the Col. Hist, of N. Y, VII, 818, 819. 6 At first all male persons between the ages of sixteen and sixty, except Commissioners and church officers, were required to train. The following exemptions were later made. Deputies to the General Court during their term of service, constant seafaring men, Indians and negro servants, assistants, clerks of the trained-bands, transient persons, persons over fifty- five years of age (later fifty years), allowed attorneys, the rector and students of Yale college, justices of the peace, masters of art, allowed physicians and surgeons, schoolmasters, one miller for each grist mill, constant herdsmen, sheriffs, constables, constant ferrymen, lame or other disabled persons. Col. Rec, I, 15, 62, 316, 349, 350; II, 229; III, 83; V, 83; VII, 344; VIII, 36, 379. 86 CONNECTICUT AS A CORPORATE COLONY. During the early years of the colony's history, the expense of furnishing arms and ammunition to the militia fell upon the individual or the locality where he resided.1 Large numbers of enactments might be cited, which aimed to enforce the possession of arms and ammunition in the various towns. With the advent of the larger military activities of the latter part of the seventeenth and eight eenth centuries, the duty of supplying of arms and ammu nition became more and more a function of the colonial authorities. The earliest and throughout the most important branch of the militia was the "trained bands" or infantry com panies. At first all persons in a town, liable for military service, were formed into the "trained band" of the town. With the increase in population, the militia in the larger towns was divided into two or more companies.2 There appeared to be considerable pride, possibly some jeal ousy, concerning the precedence of the "trained bands" of the different towns. In 1662 the General Court or dered that the Hartford "trained band" should have the " prehemenence " of all the companies in the colony; fol lowed by the companies of Windsor, Wethersfield and Farmington in the order named.8 In 1674 it was pro vided that the trained bands of the county towns should rank first in the county, except where the Major should i At first every person liable to military service was required to have a musket, bandoleers, two pounds of powder and one hundred and twenty bullets. Col. Rec. I, 3, 15, 542. The match-lock and pike, which were the weapons in common use at first, had almost disappeared by the end of the seventeenth century, being displaced by the fire-lock musket, carbines and pistols. Osgood, op. cit., I; Col. Rec, VIII, 379. 2 The trained-band, eventually, came to consist of sixty-four men be sides officers. If there was more than one company in a town they were often called the East Company, West Company, etc. Col. Rec, VIII 381- MS. Rec. Militia, I, passim. 3 Col. Rec, 1, 390. MILITARY AFFAIRS. 87 have a "peculyer" company, in which case it should lead at all general musters.1 The first mention of troopers in Connecticut was in 1657, when the Court authorized the listing of such as desired to form a troop of horse. The following year some thirty-seven names of persons living in the three towns of Hartford, Windsor and Wethersfield, were presented to the Court and confirmed as troopers.2 There was no considerable increase in the number of troopers during the seventeenth century. In 1680 there were but sixty in the whole colony, although it was stated that plans had been formed for raising three more troops of forty men each, one in each county.3 By the general act reorganizing the militia, adopted in 1739, it was provided that there should be a troop of not more than sixty-four men, including officers, attached to each of the thirteen regiments into which the militia was divided. Besides the regular troopers, mention is made of dragoons. These appear to have been certain picked men mounted for special service in times of danger.4 As early as 1642 we find the General Court providing an "Artillary Yard" where the artillery company should train. The records are silent as to the character and size of this body, and it probably soon disappeared as a sepa rate organization.5 i Col. Rec, II, 238. 2 Ibid., I, 299, 309. In New Haven there had been one small troop of horse which seems to have disappeared after the union with the River Towns. N. H. Col. Rec, II, 173, 218, 302, etc. The equipment of a trooper consisted of a horse, saddle, bridle, holsters, carbine, belt and swivel, a case of pistols, a sword or cutlass, flask or cartridge-box, one pound of powder, twenty flints, a pair of boots and spurs. Col. Rec, VIII, 380. » Col. Rec, III, 295; MS. Rec. Foreign Correspondence, I, 19. 'IIMIWHIlll I"