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XXIV

WASHINGTON TO GENERAL CLINTON, DECEMBER 19, 1780

Two page folio. In this letter from Headquarters at New Windsor, Washington refers to an application he has just made to Governor Clinton regarding those citizens who were employed in the works under General Clinton. A portion of the letter follows:

"Upon a representation made to me by Mr. Shephard the Armourer at Albany, I have applyed to the Governor for an exemption from military duty, for those citizens who are employed in the Works, and I do not doubt he will grant it.-Mr. Shephard mentions that the Works want many repairs to render them convenient to carry on the business during the Winter.-You will be pleased to direct the Quarter Master to give him every assistance in his power, and I shall be obliged to you, for paying your attention to a matter of so much consequence as having the damaged Arms repaired.-You will also enquire every now and then into the State of that Provision at Fort Schuyler and take every opportunity of keeping the supply two or three Months at least beforehand."

Entirely unpublished.

(To be Continued)

THE HISTORY OF LOTTERIES IN NEW YORK

Fo

(Second Paper)

III

LOTTERIES IN COLONIAL NEW YORK

OR convenience of treatment we may divide the history of lotteries in New York into the Colonial period and the State period. During the former time there was a close conformity in the colonies to methods then in use in managing English lotteries. The same year that marked the suppression of particular lottery abuses in England marked the suppression of the same abuses in the colonies.

The same year (1721) in which private lotteries were suppressed by statute in England they were also suppressed in New York.1 Private lotteries flourished from time to time in the colonies; but they existed for the most part in defiance of law. The preamble of the act of 1721 asserted that the sale of goods by lottery was detrimental to trade, that oftentimes double the value of goods was placed on them, and that through private lotteries frauds were being committed daily.

The steps in the organization of a regularly constituted colonial lottery were as follows: Those who were interested in the establishment of a lottery for a particular public service, petitioned the legislature to make a grant for that purpose. Acts granting lotteries might originate either in the Council or in the Assembly. A bill drawn up to authorize a lottery usually contained the full particulars as to the management of the lottery. The method of drawing the lottery, the names of managers, detail as to the number of tickets, price, time of drawing, etc. were stated in full.2

1 Journal of the Legislative Council of New York, 1691-1775. (Albany, 1861.) p. 476. Colonial Laws of New York (Albany, 1894). II, p. 61.

2 Any of the colonial acts may serve to illustrate the method of managing a lottery. Colonial Laws, III, 528, gives a statement of the method followed.

After the authorization of the lottery an advertisement publishing the "scheme" of the lottery was inserted day after day in one of the local papers. Usually the tickets of the lottery were sold by the managers themselves. The method of drawing a lottery differed somewhat in colonial times from that in use during and after the Revolution. Lotteries organized before the Revolution were drawn in the following manner: The managers of a lottery provided two books, one having its pages divided into three columns of tickets, and the other into two similar columns. The tickets in the first were numbered, the tickets in the three columns bearing the same numbers; the tickets in the latter book were unnumbered. The tickets in the outside column of the book having the numbered tickets were the ones sold to purchasers. When the time for drawing the lottery arrived the tickets from the middle column were placed in a box designated A. The tickets in the innermost column were left in the book as a means of detecting any irregularity in drawing the lottery. The unnumbered tickets in the outer column of the second book were to be marked "prize" or "blank." These tickets were placed in a box designated B. At the time of drawing, a ticket was drawn at the same instant from each box. The prize or blank that was drawn with a particular number was then announced.

The person who was so fortunate as to draw a prize was entitled to present his ticket to the managers and claim the amount of the prize. It was customary to secure the amount desired for the public cause for which the lottery was organized, by deducting from the prizes a certain percentage, usually 12% or 15%. Hence, to raise $3000 on the basis of a 12% deduction from the prizes, it would be necessary to provide a scheme with $24,000 in prizes.

Managers who conducted lotteries received a specified sum for their services, usually fifty dollars for conducting each lottery. Clerks were paid per diem, usually six shillings.

Public lotteries were introduced into the different English colonies in America at about the same time, that is in the midddle of the eighteenth century. English lotteries, we have noticed, were drawn from 1743 to 1748, varying in amounts from £1,000,000 to £6,300,000. The War of the Austrian Succession was in progress. England met the expenses of the war by setting up lotteries. New York followed the example of the

Mother Country. The first public lottery in New York was established to raise money for military purposes in the same war.

The first act concerning lotteries in New York we have alluded to as the one to suppress private lotteries. The penalty imposed for violating the act was forfeiture of double the amount of the lottery, one-half of the fine to be given to the informer, the other half to the government.

The first act authorizing a public lottery in New York was passed February 27, 1746.8 It is entitled:

"An Act Raising the Sum of Three Thousand Three Hundred and Seventy Five Pounds by a Publick Lottery for the Colony for the more effectual fortifying the City of New York."

The preamble states that " by reason of the present war" large sums are needed for the public service. The price of tickets was £1, IOS.

The first venture of the colony in a lottery was not attended with great success. Some difficulty was met in disposing of the tickets. On May 3 an act was passed directing the treasurer of the colony to pay £1000 to fill up the lottery. Another act was passed at the same time extending the time of drawing the lottery from June 1 to September 1.5 The same act also provided that the treasurer might take tickets in the lottery at the risk of the colony to the extent of four thousand, if as many remained unsold. Another act, passed July 15, authorized the treasurer to take, at the risk of the colony, all tickets that remained unsold. So the colony presented the interesting spectacle of playing its little game very much by itself. Finally the lottery was completed and the New York Post Boy published the numbers with the result of the drawing stated after each number.

As soon as the lottery for the public service had been disposed of a proposition for another was made. It was read the first time in the Council on October 29, 1746, and was passed December 6, 1746. It is entitled:

8 Colonial Laws, III, p. 528. Journal, p. 907.

4 Colonial Laws, III, p. 543.

• Ibid., p. 573; New York Post Boy, Sept. 8-Oct. 6, 1746.

7 Journal, pp. 949-959. Colonial Laws, III, p. 607.

Ibid., p. 545.

"An Act for Raising the Sum of Two Thousand Two Hundred and Fifty Pounds by a Publick Lottery for this Colony for the Advancement of Learning and Towards the Founding of a Colledge.'

This was the first step in the founding of King's College (now Columbia).

The activity of the government in conducting lotteries evidently encouraged the setting up of private lotteries. An act was passed November 25, 1747, to prevent private lotteries. The preamble reads as follows:

"Whereas Several Persons of late have Set on Foot and opened private Lotteries within this Colony, which being under no Restrictions of Law, are attended with pernicious Consequences to the publick, by encouraging Numbers of Laboring People to Assemble together at Taverns where such Lotteries are usually Set on Foot and Drawn, for Remedy whereof Be it enacted." Those who transgressed the law were to forfeit double the amount of the lottery, one-half payable to the person who should bring suit, the other half payable to the government.

An act making further provision for the founding of a college was passed April 9, 1748.9 It authorized a lottery to raise £1800. This act expired because of a lack of sufficient contributions. It was revived by an act passed October 28.10 The same act fixed the time of drawing the lottery at November 14, and directed the treasurer to take all tickets remaining unsold at the risk of the colony.

In 1753 another lottery was authorized to increase the fund for founding a college.11 The amount of the lottery was £1125. The managers were Peter Van Brugh Livingston and Jacobus Roosevelt. One clause of the act stated that any representative who should vote or consent to a different use of the money than for founding a college should be incapable of sitting in or voting in this or any succeeding assembly of New York. The act provided for 5000 tickets at £1, 10 shillings. The prizes amounted to £7500. A deduction of 15% from the prizes produced the required sum of £1125. The lottery was drawn in August.

In December following a lottery for the same purpose and of the

8 Journal, p. 999. 9 Journal, p. 1015. 10 Ibid., p. 731.

Colonial Laws, III, p. 675.
Colonial Laws, III. p. 679.

11 Ibid., p. 899.

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