EARLIEST UNION AMONG AMERICAN COLONIES
A.D. 1639-1643
G. H. HOLLISTER JOHN MARSHALL
That a colonizing people should, almost at the moment of their arrival in a new home, proceed to enact the fundamental law of a civil state is a remarkable fact in history. The manner in which this was done in Connecticut, and the character of the constitution there made in 1639, six years after the first English settlement, render it a memorable event in the development of American government.
As the Connecticut Constitution was not only the first instrument of its kind, but also formed, in many respects, a pattern for others which became the organic laws of American States, so the first union of colonies, in 1643, is important not alone as being the first, but also as foreshadowing the later confederation and the final union of the States themselves.
This model of an American union, following so closely upon the earliest creation of an American civil constitution, is concisely described by the great Chief Justice Marshall.
G. H. HOLLISTER
We read, in treatises upon elementary law, of a time antecedent to all law, when men theoretically are said to have met together and surrendered a part of their rights for a more secure enjoyment of the remainder. Hence, we are told, human governments date their origin. This dream of the enthusiast as applied to ages past, in Connecticut for the first time and upon the American soil became a recorded verity.
Here at last we are permitted to look on and see the foundations of a political structure laid. We can count the workmen, and we have become familiar with the features of the master-builders. We see that they are most of them men of a new type. Bold men they are, who have cut loose from old associations, old prejudices, old forms; men who will take the opinions of no man unless he can back them up with strong reasons; clear-sighted, sinewy men, in whom the intellect and the moral nature predominate over the more delicate traits that mark an advanced stage of social life. Such men as these will not, however, in their zeal to cast off old dominions, be solicitous to free themselves and their posterity from all restraint; for no people are less given up to the sway of unbridled passions. Indeed, they have made it a main part of their business in life to subdue their passions. Laws, therefore, they must and will have, and laws that, whatever else they lack, will not want the merit of being fresh and original.
As it has been, and still is, a much debated question, what kind of men they were—some having overpraised and others rashly blamed them—let us, without bigotry, try if we cannot look at them through a medium that shall render them to us in all their essential characteristics as they were. That medium is afforded us by the written constitution that they made of their own free will for their own government. This is said to give the best portrait of any people; though in a nation that has been long maturing, the compromise between the past and present, written upon almost every page of its history, cannot have failed in some degree to make the likeness dim. Yet, of such a people as we are describing, who may be said to have no past, who live not so much in the present as in the future, and who forge as with one stroke the constitution that is to be a basis of their laws—are we not provided with a mirror that reflects every lineament with the true disposition of light and shade? If it is a stern, it is yet a truthful, mirror. It flatters neither those who made it nor those blear-eyed maskers, who, forgetful of their own distorted visages, look in askance, and are able to see nothing to admire in the sober, bright-eyed faces of their fathers who gaze down upon them from the olden time.