The Development of Religious Liberty in ConnecticutGreene, M. Louise (Maria Louise)
History
The Development of Religious Liberty in Connecticut
Greene, M. Louise (Maria Louise)
Connecticut -- Church history
Of course, it would take some time to obey the order. Meanwhile, if
this restitution were made, if the decision were submitted to, it
would invalidate so many land titles as to threaten the very existence
of Connecticut's economic structure. The colony sought the best legal
talent obtainable. For seventeen years Connecticut continued this
expensive lawsuit, urging always her willingness to comply in the case
of Winthrop, if only the decision be made a special one and not a
precedent,--if only an order in Council, or an act of Parliament,
would reinstate the Connecticut Intestate Law. Her agents in England
were instructed to demonstrate how well the colonial division of
property had worked, and that under the English division, where all
real estate went to the eldest son, if it were practiced in a new and
heavily wooded country, whose chief wealth was agriculture, the rental
of lands would yield income barely sufficient to pay taxes and repair
fences, and there could be no dowry for the daughters. A still further
result would be, that the younger sons would be driven into
manufacturing or forced to emigrate. In each case the Crown would
suffer, either by the loss of a colonial market for its manufactured
products, or by an impoverished colony, incapable of making
satisfactory returns to the royal treasury. [91] Moreover, in the case
of emigration, when Connecticut, lacking men to plow her fields, could
no longer produce the foodstuffs the surplus of which she sold to the
"trading parts of Massachusetts and Rhode Island" to supply the
fisheries, the Crown would feel still another baneful effect from its
attempt to enforce the English law of entail. Again, there was another
aspect from which to view the annulment of the Connecticut Intestate
Law. Its annulment would render worthless many past and present
land-titles. Creditors who had accepted land for debt would
suffer. Titles to lands, held by towns, as well as individuals, would
become subject to litigation; the whole colony would be plunged into
lawsuits, and its economic framework would be rent in pieces. The
Intestate Law was in accordance with custom throughout New
England. When in 1737 a similar statute in Massachusetts was sustained
by the King in Council in the appeal of Phillips _vs._ Savage,
Connecticut, notwithstanding the renewed and repeated suggestions to
give up her charter, took courage to continue the contest.
Public-domain text, read in full here on John Shaqi.
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