The Development of Religious Liberty in ConnecticutGreene, M. Louise (Maria Louise)
History
The Development of Religious Liberty in Connecticut
Greene, M. Louise (Maria Louise)
Connecticut -- Church history
During these years the question of the constitutional relation of
colony and Crown was frequently raised, and Connecticut was called
upon to show that her laws were not contrary to the laws of
England. She had to prove that they were not contrary to the common
law of England; nor to the statute law, existing at the founding of
the colony; nor to those acts of Parliament that had been expressly
extended to the colony. This was the most commonly held of the three
interpretations of "not contrary to the laws of England." The most
restricted interpretation was that all colonial laws higher than
by-laws, and "which even within that term touched upon matters already
provided for by English common or statute law, were illegal" or
"contrary." Under this interpretation, "the colonies were as towns
upon the royal demesne." Connecticut herself held to a third
construction, maintaining that, as her own charter nowhere stipulated
that her administration should accord with the civil, common, or
statute law of England, she, at least, among the colonies was free to
frame her own laws according to her own needs and desires. Holding to
this opinion, which had never been corrected by the Crown, Connecticut
maintained that "contrary to the laws of England" was limited in its
intent to contrary to those laws expressly designed by Parliament to
extend to the plantations. Moreover, Connecticut insisted that the
colonies were not to be compared to English towns, because, unlike the
towns, they had no representation in Parliament. The Connecticut
Intestate Act was opposed to the English law according to the first
two interpretations, but not according to the third. Further, the
Connecticut authorities felt that if the conditions which had given
rise to the law were fully realized in England, the apparent
insubordination of the colony would disappear in the light of the real
equity of the colonial statute. In Governor Talcott's letter, dated
November 3, 1729, under "The Case of Connecticut Stated," there is a
summary of the reasons why the colony hesitated to appeal directly to
Parliament for a confirmation of the Intestate Act. She was afraid of
exciting still greater disfavor by seeming to ask privileges in
addition to those already conferred upon her in her very liberal
charter. She was afraid of courting inquiry in regard to her
ecclesiastical laws, her laws relating to the collegiate school, and
also sundry civil laws. The colony feared that the result of such an
investigation would be that she would thereafter be rated, not as a
government or province, but as a corporation with a charter permitting
only the enactment of by-laws. Moreover, she dreaded to be ranked with
"rebellious Massachusetts," and thus further expose herself to a
probable loss of her charter.
Public-domain text, read in full here on John Shaqi.
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