THE FIRST WRITTEN CONSTITUTION

By "A General Court at Hartford".

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, the constitution given here was adopted by the freemen of the three towns assembled at Hartford. Nowhere in this great document is there a reference 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.

In all history this is the first written constitution which created a government, and it is easily seen to be the prototype of our Federal Constitution, adopted exactly one hundred and fifty Sears later.

FORASMUCH as it has pleased Almighty God by the wise disposition of his divineprovidence 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 Connecticut and the lands thereunto adjoining; and we11 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 among 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 follows:

1. It is ordered, sentenced and decreed, that there shall be yearly two general assemblies or courts, 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 beside the Governor; which being chosen and sworn according to an oath recorded for that purpose shall have 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 with in 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 persons deputed to receive them) one single paper with the name of him written in it whom he desires to have Governor, and he that has 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 has 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, then he or they which have the most written papers shall be a magistrate or magistrates for the ensuing year, to make up the foresaid 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 more than 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 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 one 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.