CHAPTER III.

THE LOTTERIES.

$75. Private Lotteries in Massachusetts.

It was during the third quarter of the eighteenth century, at the same time with the land bank hereafter described, and other unsound financial schemes, that the policy of raising public funds by lottery became settled for a time in Massachusetts. To be sure, lotteries were no new thing in the eighteenth century. Not unknown in principle to the ancient Greeks and Romans, and spreading from Italy over continental Europe, in the middle ages, they were introduced into England as early as 1569. During the seventeenth century the passion for this kind of gaming increased to such an extent that in Queen Anne's reign lotteries were denounced as public nuisances. Unfortunately, the act of parliament passed in 1709, prohibiting all private undertakings of this kind, did not apply to the colonies; where, although an assembly of ministers at Boston as early as 1699 denounced them as "cheats," and their managers as "pillagers of the people," lotteries of various forms found a wide and growing patronage. The first legislation in Massachusetts bearing upon the subject was

An Act for the Suppressing of Lotteries," passed November 7th, 1719. The preamble of this act recites that "there have lately been set up within this province certain mischievous and unlawful games, called lotteries, whereby the children and servants of several gentlemen, merchants and traders, and other unwary people, have been drawn into a vain and foolish expence of money, which tends to the utter ruin and impoverishment 1 1719-220, c. 8. Acts and Resolves, II., 149-'50.

of many families, and is to the reproach of this government, and against the common good, trade, welfare and peace of the province; for remedy whereof" it is enacted: 1. That all such lotteries are “public nuisances;" 2. That playing at lotteries is forbidden, and all who set them up or expose them for playing shall be fined two hundred pounds sterling for each offence; 3. That any person convicted of playing at a lottery shall be fined ten pounds sterling for each offence; and 4. That all justices of the peace, sheriffs, under sheriffs, sheriffs' deputies and constables are exhorted to do their utmost to break up the practice.

Fourteen years later it was found necessary to pass a supplementary act. The act of 1719 was found insufficient "to put a stop to the practice, but sundry persons have exposed their estates, as well real as personal, to sale by lotteries projected and the tickets disposed of within this province, reserving the drawing of the lots in some of the neighboring colonies or provinces; whereby the good and wholesome design and true intent and meaning of the aforesaid act is very much eluded and evaded, to the great discouragement of trade and industry, and grievous hurt and damage of many unwary people; for remedy whereof" it was enacted: 1. Whoever sets up a lottery shall be fined five hundred pounds. 2. Whoever aids any lottery by printing, writing, or otherwise publishing an account thereof or where tickets may be had, shall be fined one hundred pounds sterling. 3. Whoever sells, exposes for sale, gives or otherwise disposes of lottery tickets shall be fined two hundred pounds sterling. Provided always: 4. "That this act shall not be construed to extend to any lottery allowed by act of parliament or law of this province."

$76. The First Provincial Lottery.

The proviso at the end of the above-mentioned law is im

April 26th-30th, 1733. Acts and Resolves, II., 663-'4.

* Chap. 8.

The

portant it foreshadows a deliberate change in the financial policy of the provincial government. Pronounced and sweeping as is the denunciation of lotteries contained in the foregoing legislation, and severe as are the penalties prescribed for those who should persist in furthering such enterprises, the framers of these laws saw no inconsistency in prohibiting private lotteries as "public nuisances" and setting up a government lottery to increase the public revenues. It was generally believed that few of the evils connected with private lotteries would attach to a lottery established by public authority and conducted under strict regulations. The need for an increase in the public funds was pressing. The king's instruction against the further issues of bills of credit had dried up at last that perennial fountain of public resources. returns to the managements of lotteries were believed to be both ample and assured, and there were not wanting numerous precedents of government lotteries, both in England and in some of the other colonies. The Virginia Company had realized thirty thousand pounds from a lottery authorized by James I. in 1612, for the benefit of the English colonies, and since 1709, a government lottery had been annually licensed in England, under certain restrictions, by act of parliament. The preamble of the law establishing the first Massachusetts provincial lottery, recites as the reasons for resorting to this method of raising a public revenue, the great expense of the current year, the protection of the sea coast, the defense of the frontier of New England and the protection of the province of Nova Scotia; and the inhabitants already having been subjected to a heavy tax on polls and estates, and a debt still remaining, the representatives wish to raise the debt in the way least burdensome to the inhabitants.

The amount thus intended to be raised was seven thousand five hundred pounds. The plan of this lottery was that of the

1 1744-5, c. 20. Acts and Resolves, II, 195-'9, January 9th- February 4th 1744-25.

so-called class or Dutch lottery, in which a certain value is divided into a certain number of unequal prizes, and a certain number of lots or "tickets," each lot giving a chance of winning one of the prizes, are sold for a certain sum each, the aggregate price of the tickets being greater than the aggregate value of the prizes; in distinction from the numerical or Genoese lottery, which has more the character of a wager. In this lottery there were twenty-five thousand blank lots and a like number of "benefit" or prize tickets. or prize tickets. The details of the plan for selling and drawing the tickets are given in the law establishing the lottery. An important provision was the one permitting subscriptions to be paid, one-fifth in new tenor bills of credit, or in old tenor bills at the rate of four for one, and four-fifths either in like bills or in bills of credit of other colonies not prohibited by law. All tickets remaining unsold at a certain day were to be taken by the directors on account of the province, and any prizes drawn on them were to be covered into the provincial treasury. By a concurrent vote of the general court the directors were forbidden to sell tickets to any Indian, negro, or mulatto, as such a transaction "might prove of mischievous consequence in many respects."

$77. Remonstrances from England.

The successful drawing of this lottery for sinking the province debt of seven thousand five hundred pounds sterling was followed by the inauguration of a series of no less than fifteen. separate enactments, extending over a period of more than eleven years, from 1749 to 1761, either authorizing certain towns and precincts to set up lotteries for making local improvements of a public nature, such as building or repairing bridges, docks and roads, or removing obstructions to navigation, or establishing provincial lotteries for a similar purpose. The lotteries were all to be modeled after that of

1 February, 1744, Votes and Orders, 219.

2 1749-'50, c. 11, to repair Miles bridge in Swanzey; 1750-'1, c. 14, to build a bridge over Parker river, at Oldtown Ferry, Newberry; 1755-'6, c. 3, to build a

1744, and appear to have been successfully managed, so as to raise the small sums, ranging from four hundred to two thousand pounds, needed for these purposes. It could hardly have been expected that the frequency with which lotteries were now resorted to in order to realize such small sums, and for local purposes-no fewer than four local lottery acts were passed in 1759-'60-would escape the notice and unfavorable comment of the lords of trade in London, to whom all provincial legislation affecting trade and commerce was regularly referred by the crown, for their recommendations thereon. In fact, they were not slow in signifying their decided disapproval of this kind of legislation.

"We have had under our consideration," write the lords to Governor Bernard, under the date of April 21st, 1761, “the Laws passed in the Province of Massachusetts, between February and April 1760, amongst which there are several, providing for the temporary and inconsiderable services of Ferrys, Roads &c., by Lotterys, which is a mode of raising money, that in our opinion ought not to be countenanced and hardly to be admitted into practice, upon the most pressing exigency of the State, more especially in the Colonys, where the forms of Government may not admit of those regulations and checks which are necessary to prevent fraud and abuse in a matter so peculiarly liable to them.

"We cannot, therefore, but disapprove these Laws upon their general Principles, but when we consider the unguarded and loose manner in which they are in general framed, the Objections are so many and so strong that We should cer

bridge over Tetticut river, in Tetticut precinct; 1755–6, c. 24, to pave Boston neck; 1757-'8, c. 14, to build a bridge over the Saco and Pasumscot rivers; 1758-'9, c. 38, to complete the paving of Boston neck; 1758-'9, c. 39, to repair the highway in Roxbury; 1759-60, c. 10, to repave the causeway on the east side of Sudbury river; 1759-60, c. 35, to complete the bridge over the Parker river, at Oldtown Ferry; 1759-'60, c. 36, to remove the rocks and shoals in Taunton Great river; 1759-'60, c. 37, to pave Charlestown highway; 1760-'1, c. 15, to complete the repairing of Roxbury highway; 1760-'1, c. 22, to complete the repaving of the causeway on the east side of Sudbury river; 1760-'1, c. 26, to repair Faneuil hall. There was also one to pave Prince street, Boston, the reference to which is not at hand.