Currency Policies and Legal Development in Colonial New England
Colonial law scholars of the last several generations have characterized
colonial law and its development as emerging in response to endogenous
cultural belief systems and values or, more recently, as in a process of
progressive modernization corresponding to economic growth and commercialization.
Claire Priest's paper presents a new interpretation of colonial legal development
which focuses on the impact of government paper money experiments in prescribing
the conditions under which individuals contracted and litigated in the
colonial period. Colonial contractual obligations and debt litigation
are more appropriately understood as reflecting an economic revolution
from a society based principally on barter relations to a more modern cash
economy. Greater availability of currency allowed market specialization
and vastly increased colonists' ability to enter contractual relations
beyond their local communities, but it also led to an unprecedented government
power to affect the value of credit agreements through fiscal and monetary
policies. In colonial New England, the struggles over monetary policy both
within colonial legislatures and between colonial legislatures and the
English Parliament and Board of Trade led to highly unstable currency policies
causing repeated currency crises and periods of- total reversion to barter.
During these periods, the colonial courts were swamped with litigation
initiated by creditors attempting to either minimize losses or to opportunistically
profit from fluctuations in market conditions. Debtors also chose between
performance and default based on their ability to pay--often determined
by economic conditions--and changes in the value of damage awards driven
by currency fluctuations. A focus on currency policies and their effects
reveals that even quintessentially local forms of obligations, such as
book account debts, were affected by sources of authority as removed as
Parliament The "law" of colonial contractual relations was as much generated
by power Struggles between the colonies and England, political controversies
within colonial legislatures, currency fluctuations and market instability,
as it was the product Of individual promises and common law rules.