General History of Connecticut, from Its First Settlement Under George Fenwick to its Latest Period of Amity with Great BritainPeters, Samuel
History
General History of Connecticut, from Its First Settlement Under George Fenwick to its Latest Period of Amity with Great Britain
Peters, Samuel
Connecticut -- History -- Colonial period, ca. 1600-1775; Connecticut -- History -- Revolution, 1775-1783
The laws of the colony enacted by the authority of the Charter are
decent in comparison with the Blue Laws. They make one thin volume in
folio. Yet exceptions may justly be made to many of them--equal liberty
is not given to all parties--taxes are unfairly laid--the poor are
oppressed.--One law is intolerable, viz. When a trespass is committed
in the night, the injured person may recover damages of any-one he
shall think proper to accuse, unless the accused can prove an alibi,
or will clear himself by an oath; which oath, nevertheless, it is at
the option of the justice either to administer or refuse. Queen Ann
repealed the cruel laws respecting Quakers, Ranters, and Adamites; but
the General Assembly, notwithstanding, continued the same in their
law-book, maintaining that a law made in Connecticut could not be
repealed by any authority but their own. It is a ruled case with them
that no law or statute of England be in force in Connecticut till
formally passed by the General Assembly and recorded by the
Secretary.[25] Above 30 years ago, a negro castrated his master’s son,
and was brought to trial for it before the Superior Court at Hertford.
The Court could find no law to punish the negro. The lawyers quoted
the English statute against maiming; the Court were of opinion that
statute did not reach this colony, because it had not been passed in
the General Assembly; and therefore were about to remand the negro to
prison till the General Assembly should meet. But an _ex-post-facto_
law was objected to as an infringement upon civil liberty. At length,
however, the Court were released from their difficulty by having
recourse to the vote of the first settlers at Newhaven, viz. That the
Bible should be their law till they could make others more suitable to
their circumstances. The court were of opinion that vote was in full
force, as it had not been revoked; and thereupon tried the negro upon
the Jewish law, viz. Eye for Eye, and Tooth for Tooth. He suffered
accordingly.
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