The Great Events by Famous Historians, Volume 11

by Unknown

The preamble of this constitution begins by reciting the fact that its authors are, "under Almighty God, inhabitants and residents of Windsor, Hartford, and Wethersfield, upon the river of Connecticut." It also states that, in consonance with the word of God, in order to maintain the peace and union of such a people, it is necessary that "there should be an orderly and decent government established," that shall "dispose of the affairs of the people at all seasons." "We do therefore," say they, "associate and conjoin ourselves to be as one public state or commonwealth." They add, further, that the first object aimed at by them is to preserve the liberty and the purity of the gospel and the discipline of their own churches; and, in the second place, to govern their civil affairs by such rules as their written constitution and the laws enacted under its authority shall prescribe. To provide for these two objects—the liberty of the Gospel, as they understood it, and the regulation of their own civil affairs, they sought to embody in the form of distinct decrees, substantially the following provisions:

1. That there shall be every year two general assemblies or courts, one on the second Thursday of April, the other on the second Thursday of September; that the one held in April shall be called the court of election, wherein shall be annually chosen the magistrates—one of whom shall be the governor—and other public officers, who are to administer justice according to the laws here established; where there are no laws provided to do it in accordance with the laws of God; and that these rulers shall be elected by all the freemen within the limits of the commonwealth, who have been admitted inhabitants of the towns where they severally live, and who have taken the oath of fidelity to the new state; and that they shall all meet at one place to hold this election.

2. It is provided that after the voters have all met and are ready to proceed to an election, the first officer to be chosen shall be a governor, and after him a body of magistrates and other officers. Every voter is to bring in, to those who are appointed to receive it, a piece of paper with the name of him whom he would have for governor written upon it, and he that has the greatest number of papers with his name written upon them was to be governor for that year. The other magistrates were elected in the following manner. The names of all the candidates were first given to the secretary for the time being, and written down by him, in the order in which they were given; the secretary was then to read the list over aloud and severally nominate each person whose name was so written down, in its order, in a distinct voice, so that all the citizen voters could hear it. As each name was read, they were to vote by ballot, either for or against it, as they liked; those who voted in favor of the nominee did it by writing his name upon the ballot—those who voted against him simply gave in a blank ballot; and those only were elected whose names were written upon a majority of all the paper ballots handed in under each nomination. These papers were to be received and counted by sworn officers appointed by the court for that purpose. Six magistrates, besides the governor, were to be elected in this way. If they failed to elect so many by a majority vote, then the requisite number was to be filled up by taking the names of those who had received the highest number of votes.

3. The men thus to be nominated and balloted for were to be propounded at some general court held before the court of election, the deputies of each town having the privilege of nominating any two whom they chose. Other nominations might be made by the court.

4. No person could be chosen governor oftener than once in two years. It was requisite that this officer should be a member of an approved congregation, and that he should be taken from the magistrates of the commonwealth. But no qualification was required in a candidate for the magistracy, except that he should be chosen from the freemen. Both governor and magistrates were required to take a solemn oath of office.

5. To this court of election the several towns were to send their deputies, and after the elections were over the court was to proceed, as at other courts, to make laws or do whatever was necessary to further the interests of the commonwealth.

6. These two regular courts were to be convened by the governor himself, or by his secretary, by sending out a warrant to the constables of every town, a month at least before the day of session. In times of danger or public exigency the governor and a majority of the magistrates might order the secretary to summon a court, with fourteen days' notice, or even less, if the case required it, taking care to state their reasons for so doing to the deputies when they met. If, on the other hand, the governor should neglect to call the regular courts, or, with the major part of the magistrates, should fail to convene such special ones as were needed, then the freemen, or a major part of them, were required to petition them to do it. If this did not serve, then the freemen, or a majority of them, were clothed with the power to order the constables to summon the court, after which they might meet, choose a moderator, and do any act that it was lawful for the regular courts to do.

7. On receiving the warrants for these general courts the constables of each town were to give immediate notice to the freemen, either at a public gathering or by going from house to house, that at a given place and time they should meet to elect deputies to the general court, about to convene, and "to agitate the affairs of the commonwealth." These deputies were to be chosen by vote of the electors of the town who had taken the oath of fidelity; and no man not a freeman was eligible to the office of deputy. The deputies were to be chosen by a major vote of all the freemen present, who were to make their choice by written paper ballots—each voter giving in as many papers as there were deputies to be chosen, with a single name written on each paper. The names of the deputies when chosen were indorsed by the constables, on the back of their respective warrants, and returned into court.

8. The three towns of the commonwealth were each to have the privilege of sending four deputies to the general court. If other towns were afterward added to the jurisdiction, the number of their deputies was to be fixed by the court. The deputies represented the towns, and could bind them by their votes in all legislative matters.

9. The deputies had power to meet after they were chosen and before the session of the general court, to consult for the public good, and to examine whether those who had been returned as members of their own body were legally elected. If they found any who were not so elected, they might seclude them from their assembly, and return their names to the court, with their reasons for so doing. The court, on finding these reasons valid, could issue orders for a new election, and impose a fine upon such men as had falsely thrust themselves upon the towns as candidates.