Ch. 3.4. Primary Source: The Fundamental Orders of Connecticut, 1639

Often considered the first written constitution in American history, the Fundamental Orders of Connecticut were, like the Mayflower Compact, written by the settlers themselves. They lay out detailed rules for self-government.

 

  1. [Motive] For as much as it hath pleased Almighty God…that we, the inhabitants of Windsor, Hartford, and Wethersfield, are now dwelling upon the River of Connecticut and the adjoining lands; and well knowing there should be an orderly and decent government established according to God, do therefore associate and conjoin ourselves to be as one public state or commonwealth.

 

  1. [General Assemblies & Elections] It is ordered that there shall be yearly two General Assemblies or Courts, the one the second Thursday in April, the other the second Thursday in September; the first shall be called the Court of Election, wherein shall be yearly chosen so many magistrates and other public officers as shall be found requisite: of which one is to be chosen Governor for the year ensuing, and no magistrate to be chosen for more than one year. Provided always there be six chosen besides the Governor, who shall have the power to administer justice according to the Laws here established, and for want thereof, according to the Word of God. Which choice [of officers] 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.

 

  1. [Voting Procedure] It is ordered that the election of the aforesaid magistrates shall be in this manner: every person present and qualified for choice shall bring in one single paper with the name of him written in it whom he desires to have Governor, and that 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 [the same] manner.

 

  1. [Local Representatives] It is ordered that to the aforesaid Court of Election the several towns shall send their deputies, which 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 who is not a freeman of this Commonwealth. The deputies shall be chosen in the manner [as above, so that those persons] that have the greatest number of papers written for them shall be deputies for that Court.

 

  1. [Numbers of Representatives] It is ordered 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; 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.

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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