GOVERNOR TALCOTT TO FRANCIS WILKS.

Sir: Having now recd yours of the 12th of March last, with the Report of the Right Honble the Lords of the Board of Trade, and Mr Winthrop's Memoriall, have laid them before our Gen11 Assembly in May last; and by the Report find as in your last, that the Lords of Trade recommend it with equal force that the Colony should have a new Charter, and be put on the footing the people of the Massachusetts Bay now are, as they do the matter of Relief in the articles petitioned for, and likely that no relief will be afforded if carried into Parliament. I am therefore desired by our Assembly to let you know that, altho' as their Lordships say, the annulling the act for dividing the lands of intestates must and will be attended with great confusion amongst our people, yet if we cannot have relief in that grievance without foregoing our present Charter, &c., we are not willing for the sake of the former to submit to the latter, nor to hazard the Charter by bringing it into Parliament on such a footing, and our Assembly are well satisfied with your prudent conduct in not proceeding without our further instructions in so hazardous a case. Under correction, I must say, it seems strange to observe their Lordships' remarks, that the Colony of Connecticut affect an Entire Independency on the Crown of Great Britton, in that they have not for some years transmitted their Laws, for his Majesty's consideration, when it is, if I mistake not, acknowledged by the King's Atterney Gen", that our Charter doth neither oblige nor direct us to it.

They further say, their Gov', whom they have a Right to Choose by their Charter, ought always to be approved by the King, but no presentation is ever made by them for that purpose. We are, by our

Charter, obliged to Choose our Gov', &c., and if he might not enter into the administration until presented to his Majesty for acceptance, and the people here acquainted therewith, its possible we should have no return in the year, but probable there would not be any in less than 6 months; and suppose then not to his Majesty's acceptance, must we then proceed to Choice anew, seems contrary to his Majesty's Interest, (as well as the interest of his subjects here,) that they should be without a Gov', at least half their time, and contrary to the noble intention of the Royall Grantor, who hath declared in the Charter, that he had appointed the Gov', and Legislature, in this Colony for the ruling, directing, and disposing of all matters and things, whereby our said people, inhabitants there, may be so religiously, peaceably, and civilly governed, &c. And how shall the Governours, being out of his administration, or without power to act, at least one half of his time, tend to the well ruling and directing, &c., as afores, (which he must be if not allowed until presentation to his Majesty, and his acceptance and return be manifested here.)

They further observe, and tho' required by bond to observe the Laws of Trade and Navigation, never comply therewith, so that we have reason to believe they do carry on illegal commerce with impunity. I have not observed any Comand by Statute, in the book of rates, nor from any of his Majesty's Instructions, to the Gov', to give bond, yet I am in a sense always under bond, inasmuch as by Statute the Gov is answerable for any the offences, neglects, or misdemeanors of the naval office, or officers, by them appointed to officiate in said office, except sa officer hath been allowed by the Commissioners in London,

and become bound to them as the Law in that behalf

requires.

But the Hon'ble the Lords of the Board of Trade have confin'd this Colony into so narrow a compass of trade, that all our shipping, trading to and from this Colony, are obliged to Register, Enter and Clear, give bond only at the port of New London, and his Majesty's Collector Gen" of his Majesty's Colony of Connecticut is always residing there. It seems strange there should be a jealousy of our carrying on an illegal trade, and I verily believe if their Lordships knew how little trade was carried on from this Colony to Europe, or elsewhere abroad, they would not think it possible for us to rob his Majesty, or officers, much of their dues by illegal commerce. Indeed, our living here is by subduing and tilling the earth, and we send the fruits of our labour to our neighboring Provinces, for cloathing, nails, glass, &c.

As to the stroak in Mr Winthrop's Memorial, viz: that since it is in the power of every British subject to dispose of his estate by his will, and they may therein distribute it to their younger children as they please, will sufficiently answer the purposes in the petition, is a great mistake, for our people being all along under the apprehension that our antient Custom and Law was good, and would have had its force and effect in distributing their estates amongst their children, accordingly died, and made no wills, so that the law being declared null, the very real will of such person is also made void, and there's no remedy in the case, whereby such children shall have a recompence for their labour, or find any way for a living, our people being most of them brought up in husbandry, but few mechanicks, and but very little personal estate for them.

And the Request is the United Request of the Colony, and its Mr Winthrop's mistake that there has been such groanings under the administration of the Court of Probates, &c. And I question whether theres a people in any one Colony or Province, in his Majesty's dominions, more generall satisfied and contented with the administration amongst them. And altho' I shall say nothing as to Mr Winthrop's boasting of his being the Principal Inhabitant in this Colony, yet he most surely is alone in suggesting that he is so highly interested in its welfare and preservation, when indeed the far greatest part of our people do (as well they may) look upon him to be seeking their hurt and destruction. As to his last, that since his Majesty's Order in Council, of 15 Feb', 1727, that we have hitherto obstinately refused to comply with the same, is untrue, for our Assembly ordered a return of his land, sold to pay his just debt, and put all things relating to Mr Winthrop, according to his Majesty's Order in Council, as soon as they met, and we have since not proceeded to distribute any real estate, tho' many orphans and fatherless children groan under it, and the whole Gov'ment, with all possible submission and patience, have been waiting, as in hope of a gracious answer from the Crown, tho' *

[Cetera desunt.]

GOVERNOR TALCOTT TO JOHN SHACKMAPLE.†

HARTFORD, July the 5th, A. D. 1731.

TO JOHN SHACKMAPLE, Esq.

Sir: You having been employ'd as Collector General of his Majestys Customs, at the port in Newlondon;

*This is the draft of the letter dated June 29, 1731, referred to by Gov. Talcott in his letter of Nov. 4, 1731. See page 248.

+ John Shackmaple, Sen'., an Englishman, was appointed surveyor and searcher for Connecticut, Oct. 1, 1707, by Robert Quarry, Surveyor-General. He was confirmed in office by a new commission from the Commissioners

*

pursuant to the request of the Genmen Comission" of the Customs in London, as on the other side this sheet: you are ordered and directed to deliver all the Books, Accts, papers, and other matters, and things, (in your hands), whatsoever, relating to the said Collection, into the hands of Joseph Hull, the bearer, who is now Commissionated Collector, in the port at Newlondon.

Given under my hand, at Hartford, the day of the above Date.

J. TALCOTT, Gov.

GOV. TALCOTT'S CERTIFICATE THAT JOSEPH HULL† TOOK THE OATH AS COLLECTOR.

JOSEPH TALCOTT Esq' Cap' Generall and Governour in Chief in and over his Majestys English Colony of Connecticut in New England in America.

To all to whom it may Concern:

I doe hereby Certifie that this day Joseph Hull, Esq, Collector of his Majesty's Customs, at the Port in New london, in the Colony afores", appeared before me and took the oaths appointed by Law, for all his Majestys officers: as allso an oath for the due performance of his office as Collector, &c.

Given under my hand at Hartford in s Colony;

of the Customs, dated May 3, 1718, as "Collector, Surveyor, and Searcher of all the Rates, Duties and Impositions, arising and growing Due to his Majestie in the Colony of Connecticott, Fisher's and Gardiner's Islands, and the East End of Long Island." The office of collector was separated from that of surveyor and searcher, and the appointment was given to John Shackmaple, Jun', Nov. 18, 1728, by James Stevens, Surveyor General. The elder Shackmaple is supposed to have died about 1730. (See Richard Christopher's letter, June 23, 1731.) John Shackmaple, the younger, died in New London in 1743, aged 35. - Conn. Archives; Trade and Maritime Affairs, I. 53, 80, 98. New London Repository, Oct. 18, 1860. Miss Caulkins' History of New London, 239.

* See page 223.

Joseph Hull was still collector in 1761, and held the position during the affair of the Spanish snow, in Governor Wolcott's time. - Miss Caulkins' History of New London, 463, 477.