In
the spring of 1638 three Connecticut towns, Windsor, Hartford and
Wethersfield, chose representatives and held a general court at
Hartford. At its opening session the Reverend Thomas Hooker preached a
powerful sermon on the text that "the foundation of authority is laid in the free consent of the people." On January 14 following, by the Julian calendar in use at the time, which would be January 24, 1639, by today's Gregorian calendar, the constitution given here was adopted by the freemen of the three towns assembled at Hartford, and is usually named The Fundamental Orders.
Nowhere in this great document is there a reference neither to our
dread Sovereign "or" our gracious Lord the King, — nor to any government
or power outside of Connecticut itself. It did not even limit the vote
to members of Puritan congregations. This appears to be the first
written constitution in the Western tradition which created a
government, and it is easily seen to be the prototype of our Federal Constitution, adopted exactly one hundred and fifty years later. However, see also the Iroquois Constitution and the Mayflower Compact of earlier times.
Note
that the year recorded in the document is 1638, because the British
calendar in use at the time began the New Year on March 25 instead of
January 1 as does the Gregorian calendar we use today. Britain did not
convert to the Gregorian calendar until 1751, when 11 days had to be
added to their dates to get the Gregorian dates. In 1639 they were 10
days behind the Gregorian calendar.
For
as much as it hath pleased Almighty God by the wise disposition of his
divine providence so to order and dispose of things that we the
Inhabitants and Residents of Windsor, Hartford and Wethersfield are now
cohabiting and dwelling in and upon the River of Connectecotte and the
lands thereunto adjoining; and well knowing where a people are gathered
together the word of God requires that to maintain the peace and union
of such a people there should be an orderly and decent Government
established according to God, to order and dispose of the affairs of the
people at all seasons as occasion shall require; do therefore associate
and conjoin ourselves to be as one Public State or Commonwealth; and do
for ourselves and our successors and such as shall be adjoined to us at
any time hereafter, enter into Combination and Confederation together,
to maintain and preserve the liberty and purity of the Gospel of our
Lord Jesus which we now profess, as also, the discipline of the
Churches, which according to the truth of the said Gospel is now
practiced amongst us; as also in our civil affairs to be guided and
governed according to such Laws, Rules, Orders and Decrees as shall be
made, ordered, and decreed as followeth:
(1) It is Ordered, sentenced, and decreed,
that there shall be yearly two General Assemblies or Courts, the one
the second Thursday in April, the other the second Thursday in September
following; the first shall be called the Court of Election, wherein
shall be yearly chosen from time to time, so many Magistrates and other
public Officers as shall be found requisite: Whereof one to be chosen
Governor for the year ensuing and until another be chosen, and no other Magistrate
to be chosen for more than one year: provided always there be six
chosen besides the Governor, which being chosen and sworn according to
an Oath recorded for that purpose, shall have the power to administer
justice according to the Laws here established, and for want thereof,
according to the Rule of the Word of God; which choice shall be made by
all that are admitted freemen and have taken the Oath of Fidelity,
and do cohabit within this Jurisdiction having been admitted
Inhabitants by the major part of the Town wherein they live or the major
part of such as shall be then present.
(2) It is Ordered, sentenced, and decreed,
that the election of the aforesaid Magistrates shall be in this manner:
every person present and qualified for choice shall bring in (to the
person deputed to receive them) one single paper with the name of him
written in it whom he desires to have Governor, and he that hath the
greatest number of papers shall be Governor for that year. And the rest
of the Magistrates or public officers to be chosen in this manner: the
Secretary for the time being shall first read the names of all that are
to be put to choice and then shall severally nominate them distinctly,
and every one that would have the person nominated to be chosen shall
bring in one single paper written upon, and he that would not have him
chosen shall bring in a blank; and every one that hath more written
papers than blanks shall be a Magistrate for that year; which papers
shall be received and told by one or more that shall be then chosen by
the court and sworn to be faithful therein; but in case there should not
be six chosen as aforesaid, besides the Governor, out of those which
are nominated, than he or they which have the most written papers shall
be a Magistrate or Magistrates for the ensuing year, to make up the
aforesaid number.
(3) It is Ordered, sentenced, and decreed,
that the Secretary shall not nominate any person, nor shall any person
be chosen newly into the Magistracy which was not propounded in some
General Court before, to be nominated the next election; and to that end
it shall be lawful for each of the Towns aforesaid by their deputies to
nominate any two whom they conceive fit to be put to election; and the
Court may add so many more as they judge requisite.
(4) It is Ordered, sentenced, and decreed,
that no person be chosen Governor above once in two years, and that the
Governor be always a member of some approved Congregation, and formerly
of the Magistracy within this Jurisdiction; and that all the
Magistrates, Freemen of this Commonwealth; and that no Magistrate or
other public officer shall execute any part of his or their office
before they are severally sworn, which shall be done in the face of the
court if they be present, and in case of absence by some deputed for
that purpose.
(5) It is Ordered, sentenced, and decreed, that
to the aforesaid Court of Election the several Towns shall send their
deputies, and when the Elections are ended they may proceed in any
public service as at other Courts. Also the other General Court in
September shall be for making of laws, and any other public occasion,
which concerns the good of the Commonwealth.
(6) It is Ordered, sentenced, and decreed,
that the Governor shall, either by himself or by the Secretary, send
out summons to the Constables of every Town for the calling of these two
standing Courts one month at least before their several times: And also
if the Governor and the greatest part of the Magistrates see cause upon
any special occasion to call a General Court, they may give order to
the Secretary so to do within fourteen days warning: And if urgent
necessity so require, upon a shorter notice, giving sufficient grounds
for it to the deputies when they meet, or else be questioned for the
same; And if the Governor and major part of Magistrates shall either
neglect or refuse to call the two General standing Courts or either of
them, as also at other times when the occasions of the Commonwealth
require, the Freemen thereof, or the major part of them, shall petition
to them so to do; if then it be either denied or neglected, the said
Freemen, or the major part of them, shall have the power to give order
to the Constables of the several Towns to do the same, and so may meet
together, and choose to themselves a Moderator, and may proceed to do
any act of power which any other General Courts may.
(7) It is Ordered, sentenced, and decreed,
that after there are warrants given out for any of the said General
Courts, the Constable or Constables of each Town, shall forthwith give
notice distinctly to the inhabitants of the same, in some public
assembly or by going or sending from house to house, that at a place and
time by him or them limited and set, they meet and assemble themselves
together to elect and choose certain deputies to be at the General Court
then following to agitate the affairs of the Commonwealth; which said
deputies shall be chosen by all that are admitted Inhabitants in the
several Towns and have taken the oath of fidelity; provided that none be
chosen a Deputy for any General Court which is not a Freeman of this
Commonwealth. The aforesaid deputies shall be chosen in manner
following: every person that is present and qualified as before
expressed, shall bring the names of such, written in several papers, as
they desire to have chosen for that employment, and these three or four,
more or less, being the number agreed on to be chosen for that time,
that have the greatest number of papers written for them shall be
deputies for that Court; whose names shall be endorsed on the back side
of the warrant and returned into the Court, with the Constable or
Constables' hand unto the same.
(8) It is Ordered, sentenced, and decreed,
that Windsor, Hartford, and Wethersfield shall have power, each Town,
to send four of their Freemen as their deputies to every General Court;
and Whatsoever other Town shall be hereafter added to this Jurisdiction,
they shall send so many deputies as the Court shall judge meet, a
reasonable proportion to the number of Freemen that are in the said
Towns being to be attended therein; which deputies shall have the power
of the whole Town to give their votes and allowance to all such laws and
orders as may be for the public good, and unto which the said Towns are
to be bound.
(9) It is Ordered, sentenced, and decreed,
that the deputies thus chosen shall have power and liberty to appoint a
time and a place of meeting together before any General Court, to
advise and consult of all such things as may concern the good of the
public, as also to examine their own Elections, whether according to the
order, and if they or the greatest part of them find any election to be
illegal they may seclude such for present from their meeting, and
return the same and their reasons to the Court; and if it be proved
true, the Court may fine the party or parties so intruding, and the
Town, if they see cause, and give out a warrant to go to a new election
in a legal way, either in part or in whole. Also the said deputies shall
have power to fine any that shall be disorderly at their meetings, or
for not coming in due time or place according to appointment; and they
may return the said fines into the Court if it be refused to be paid,
and the Treasurer to take notice of it, and to escheat or levy the same
as he does other fines.
(10) It is Ordered, sentenced, and decreed,
that every General Court, except such as through neglect of the
Governor and the greatest part of the Magistrates the Freemen themselves
do call, shall consist of the Governor, or someone chosen to moderate
the Court, and four other Magistrates at least, with the major part of
the deputies of the several Towns legally chosen; and in case the
Freemen, or major part of them, through neglect or refusal of the
Governor and major part of the Magistrates, shall call a Court, it shall
consist of the major part of Freemen that are present or their
deputies, with a Moderator chosen by them: In
which said General Courts shall consist the supreme power of the
Commonwealth, and they only shall have power to make laws or repeal
them, to grant levies, to admit of Freemen, dispose of lands undisposed
of, to several Towns or persons, and also shall have power to call
either Court or Magistrate or any other person whatsoever into question
for any misdemeanor, and may for just causes displace or deal otherwise
according to the nature of the offense; and also may deal in any other
matter that concerns the good of this Commonwealth, except the election
of Magistrates, which shall be done by the whole body of Freemen. In
which Court the Governor or Moderator shall have power to order the
Court, to give liberty of speech, and silence unseasonable and
disorderly speaking's, to put all things to vote, and in case the vote
be equal to have the casting voice. But none of these Courts shall be
adjourned or dissolved without the consent of the major part of the
Court.
(11) It is Ordered, sentenced, and decreed,
that when any General Court upon the occasions of the Commonwealth have
agreed upon any sum, or sums of money to be levied upon the several
Towns within this Jurisdiction, that a committee be chosen to set out
and appoint what shall be the proportion of every Town to pay of the
said levy, provided the committee be made up of an equal number out of
each Town.
Source: http://michiganassembly.info/index.php/the-fundamental-orders
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