chapter 4-5.

_M. A. Green, Springfield, 1636-1886, chapter 1._

CONNECTICUT: A. D. 1636-1639. The constitutional evolution.

"It must be noted that [the] Newtown, Watertown, and Dorchester migrations had not been altogether a simple transfer of individual settlers from one colony to another. In each of these migrations a part of the people was left behind, so that the Massachusetts towns did not cease to exist. And yet each of them brought its Massachusetts magistrates, its ministers (except Watertown), and all the political and ecclesiastical machinery of the town; and at least one of them (Dorchester) had hardly changed its structure since its members first organized in 1630 at Dorchester in England. The first settlement of Connecticut was thus the migration of three distinct and individual town organizations out of the jurisdiction of Massachusetts and into absolute freedom. It was the Massachusetts town system set loose in the wilderness. At first the three towns retained even their Massachusetts names; and it was not until the eighth court meeting, February 21 1636 (7), that it was decided that the plantacon [c tilde] nowe called Newtowne slalbe called & named by the name of Harteforde Towne, likewise the plantacon [c tilde] nowe called 'Watertowne shalbe called & named Wythersfeild,' and the plantacon [c tilde] called Dorchester shalbe called Windsor.' On the same day the boundaries between the three towns were 'agreed' upon, and thus the germ of the future State was the agreement and union of the three towns. Accordingly, the subsequent court meeting at Hartford, May 1, 1637, for the first time took the name of the 'Genrall Corte,' and was composed, in addition to the town magistrates who had previously held it, of 'comittees' of three from each town. So simply and naturally did the migrated town system evolve, in this binal assembly, the seminal principle of the Senate and House of Representatives of the future State of Connecticut. The Assembly further showed its consciousness of separate existence by declaring 'an offensive warr ag' the Pequoitt,' assigning the proportions of its miniature army and supplies to each town, and appointing a commander. ... So complete are the features of State-hood, that we may fairly assign May 1, 1637, as the proper birthday of Connecticut. No king, no Congress, presided over the birth: its seed was in the towns. January 14, 1638 (9), the little Commonwealth formed the first American Constitution at Hartford. So far as its provisions are concerned, the King, the Parliament, the Plymouth Council, the Warwick grant, the Say and Sele grant, might as well have been non-existent: not one of them is mentioned. ... This constitution was not only the earliest but the longest in continuance of American documents of the kind, unless we except the Rhode Island charter. It was not essentially altered by the charter of 1662, which was practically a royal confirmation of it; and it was not until 1818 that the charter, that is the constitution of 1639, was superseded by the present constitution. Connecticut was as absolutely a state in 1639 as in 1776."

_A. Johnston, The Genesis of a New England State (Johns Hopkins University Studies, number 11)._

The following is the text of those "Fundamental Orders" adopted by the people dwelling on Connecticut River, January 14, 1638 (9), which formed the first of written constitutions: "FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyueing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or ComonweIth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and prsearue the liberty and purity of the gospell of our Lord Jesus wch we now prfesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs; As also in or Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth:--1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the one the second thursday in Aprill, the other the second thursday in September following; the first shall be called the Courte of Election, wherein shall be yerely Chosen fro tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more than one yeare; pruided allwayes there be sixe chosen besids the Gouernour; wch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God; wch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte wthin this Jurisdiction, (hauing beene admitted Inhabitants by the maior prt of the Towne wherein they liue,) or the mayor prte of such as shall be then prsent. {498} 2. It is Ordered, sentenced and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery prson prsent and quallified for choyse shall bring in (to the prsons deputed to receaue the) one single papr wth the name of him written in yt whom he desires to haue Gouernour, and he that hath the greatest nuber of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the prson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers then blanks shall be a Magistrat for that yeare; wth papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein: but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those wch are nominated, then he or they wch haue the most written paprs shall be a Magestrate or Magestrats for the ensueing yeare, to make up the foresaid nuber. 3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any prson, nor shall any prson be chosen newly into the Magestraey wch was not prpownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election; and the Courte may ad so many more as they, iudge requisitt. 4. It is Ordered, sentenced and decreed that noe prson be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a meber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any prte of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be prsent, and in case of absence by some deputed for that purpose. 5. It is Ordered, senteneed and decreed, that to the aforesaid Courte of Election the seurall Townes shall send their deputyes, and when the Elections are ended they may prceed in any publike searuice as at other Courts. Also the other Generall Courte in Septemher shall be for makeing of lawes, and any other publike occation, wch conserns the good of the Comonwelth. 6. It is Ordered, sentenced and decreed, that the Gournor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eur Towne for the cauleing of these two standing Courts, on month at lest before their seu'all tymes: And also if the Gournor and the gretest prte of the Magestmts see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe wthin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same; And if the Gournor and Mayor prte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of the, as also at other tymes when the occutions of the Comonwelth require, the Freemen thereof, or the Mayor prte of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor prte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may prceed to do any Acte of power, wch any other Generall Courte may. 7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the suid Generall Courts, the Constable or Constables of ech Towne shall forthwth give notice distinctly, to the inhabitants of the same, in some Pubhke Assembly or by goeing or sending fro howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble the selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth; wch said Deputyes shall be choseu by all that are admitted Inhabitants in the seurall Townes and haue taken the oath of fidellity; pruided that non be chosen a Deputy for any Generall Courte wch is not a Freeman of this Comonwelth. The foresaid deputyes shall be chosen in manner following; euery prson that is prsent and quallified as before exprssed, shall bring thr names of such, written in seurrall papers, as they desire to haue chosen for that Imployment, and these 3 or 4, more or lesse, being the nuber agreed on to be chosen for that tyme, that haue greatest nuber of papers written for the shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, wth the Constable or Constables hand vnto the same. 8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a reasonable prportion to the nuber of Freemen that are in the said Townes being to be attended therein; wch deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may be for the publike good, and unto wch the said Townes are to be bownd. 9. It is ordered and decreed, that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest prte of them find any election to be illegall they may seclud such for prsent fro their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne the prty or prtyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in prte or in whole. Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment; and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes. {499} 10. It is Ordered, sentenceJ and decreed, that euery Generall Courte, except such as through neglecte of the Gou'nor and the greatest prte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and 4 other Magestruts at lest, wth the mayor prte of the deputyes of the seuerall Townes legally chosen; and in case the Freemen or mayor prte of the, through neglect or refusall of the Gouernor and mayor prte of the magestrats, shall call a Courte, yt shall consist of the mayor prte of Freemen that are prsent or their deputyes, wty a Moderator chosen by the: In wch said Generall Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make laws or repeale the, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of, to seuerall Townes or prsons, and also shall haue power to call ether Courte or Magestrate or any other prson whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this comon welth, excepte election of Magestrats, wch shall be done by the whole boddy of Freemen. In wch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vncensonable and disorderly speakeings, to put all things to voate, and in case the voate be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued wthout the consent of the maior prte of the Court. 11. It is ordered, sentenced and decreed, that when any Gemerall Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes wthin this Jurisdiction, that a Comittee be chosen to sett out and appoynt wt shall be the prportion of euery Towne to pay of the said leuy, prvided the Comittees be made vp of an equall nuber out of each Towne. 14th January, 1638, the 11 Orders abouesaid are voted."

_Public Records of the Colony of Connecticut, volume 1._

CONNECTICUT: A. D. 1637. The Pequot War.

See NEW ENGLAND: A. D. 1637.

CONNECTICUT: A. D. 1638. The planting of New Haven Colony.

"In the height of the Hutchinson controversy [see MASSACHUSETTS: A. D. 1636-1638], John Davenport, an eminent nonconformist minister from London, had arrived at Boston, and with him a wealthy company, led by two merchants, Theophilus Eaton and Edward Hopkins. Alarmed at the new opinions and religious agitations of which Massachusetts was the seat, notwithstanding very advantageous offers of settlement there, they preferred to establish a separate community of their own, to be forever free from the innovations of error and licentiousness. Eaton and others sent to explore the coast west of the Connecticut, selected a place for settlement near the head of a spacious bay at Quinapiack [or Quinnipiack], or, as the Dutch called it, Red Hill, where they built a hut and spent the winter. They were joined in the spring [April, 1638] by the rest of their company, and Davenport preached his first sermon under the shade of a spreading oak. Presently they entered into what they called a 'plantation covenant,' and a communication being opened with the Indians, who were but few in that neighborhood, the lands of Quinapiack were purchased, except a small reservation on the east side of the bay, the Indians receiving a few presents and a promise of protection. A tract north of the bay, ten miles in one direction and thirteen in the other, was purchased for ten coats; and the colonists proceeded to lay out in squares the ground-plan of a spacious city, to which they presently gave the name of New Haven."

_R. Hildreth, History of the U. S., volume 1, chapter 9._

"They formed their political association by what they called a 'plantation covenant,' 'to distinguish it from a church covenant, which could not at that time be made.' In this compact they resolved, 'that, as in matters that concern the gathering and ordering of a church, so likewise in all public offices which concern civil order, as choice of magistrates and officers, making and repealing of laws; dividing allotments of inheritance, and all things of like nature,' they would 'be ordered by the rules which the Scriptures hold forth.' It had no external sanction, and comprehended no acknowledgment of the government of England. The company consisted mostly of Londoners, who at home had been engaged in trade. In proportion to their numbers, they were the richest of all the plantations. Like the settlers on Narragansett Bay, they had no other title to their lands than that which they obtained by purchase from the Indians."

_J. G. Palfrey, History of New England, volume 1, chapter 13._

ALSO IN: _C. H. Levermore, The Republic of New Haven, chapter 1._

CONNECTICUT: A. D. 1639. The Fundamental Agreement of New Haven.

"In June, 1639, the whole body of settlers [at Quinnipiack, or New Haven] came together to frame a constitution. A tradition, seemingly well founded, says that the meeting was held in a large barn. According to the same account, the purpose for which they had met and the principles on which they ought to proceed were set forth by Davenport in a sermon. 'Wisdom hath builded her house, she hath hewn out seven pillars,' was the text. There is an obvious connection between this and the subsequent choice of seven of the chief men to lay the foundation of the constitution. ... Davenport set forth the general system on which the constitution ought to be framed. The two main principles which he laid down were, that Scripture is a perfect and sufficient rule for the conduct of civil affairs, and that church-membership must be a condition of citizenship. In this the colonists were but imitating the example of Massachusetts. ... After the sermon, five resolutions [followed by a sixth, constituting together what was called the 'fundamental agreement' of New Haven Colony], formally introducing Davenport's proposals, were carried. If a church already existed, it was not considered fit to form a basis for the state. Accordingly a fresh one was framed by a curiously complicated process. As a first step, twelve men were elected. These twelve were instructed, after a due interval for consideration, to choose seven out of their own number, who should serve as a nucleus for the church. At the same time an oath was taken by the settlers, which may be looked on as a sort of preliminary and provisional test of citizenship, pledging them to accept the principles laid down by Davenport. Sixty-three of the inhabitants took the oath, and their example was soon followed by fifty more. By October, four months after the original meeting, the seven formally established the new commonwealth. They granted the rights of a freeman to all who joined them, and who were recognized members either of the church at New Haven or of any other approved church. The freemen thus chosen entered into an agreement to the same effect as the oath already taken. They then elected a Governor and four Magistrates, or, as they were for the present called, a Magistrate and four Deputies. ... The functions of the Governor and Magistrates were not defined. Indeed, but one formal resolution was passed as to the constitution of the colony, namely, 'that the Word of God shall be the only rule attended unto in ordering the affairs of government.'"

_J. A. Doyle, The English in America: The Puritan Colonies,