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
The power of the General Court--this jumble of legislative, executive,
and judicial--worked well so long as the community consisted of a few
hundred or a few thousand souls with little diversity of sentiment or
industrial interest. It was not until the last quarter of the
eighteenth century that the inefficiency of the "first written
constitution" began to be felt. Then there arose the need of a new
constitution to modify the body of laws and customs that had grown up;
to destroy much of the erroneous legislation that in effect perverted
or nullified their original intent; and to furnish a constitutional
basis for the government of a larger and less homogeneous people. Here
and there a few thoughtful men, irrespective of their church or party,
were beginning to apprehend the difficulty of piloting a democratic
state under the old royal charter. The more prominent among them
belonged to the Anti-Federal party, and naturally they sought to
expose the constitutional difficulties which they believed impeded
progress. [b]
One of the earliest party tilts grew out of the increase of new towns
and the unequal development of some of the older ones. Then as now,
though on a much smaller scale, the unit of town representation
threatened rotten boroughs and a fictitious representation of the will
of the majority as represented by the delegates to the Lower
House. The state in 1786 had not recovered from the exhaustion due to
the Revolutionary War, and the support of the many new deputies, due
to the increase of the towns, was a burden which the October
legislation of that year attempted to lighten. With the object of
cutting down state expenses a bill was introduced into the House to
refer to the freemen some proposition for reducing the number of their
delegates and for equalizing representation. Mr. James Davenport of
Stamford moved to substitute for the bill [c] another in which this
reduction should be made by the legislature without submitting the
proposed change to the freemen. This was objected to on the ground
that a reduction of delegates was a constitutional question, "the
Assembly having no right to alter the representation without authority
given by their constituents." The supporters of the bill contended
with Mr. Davenport that--
_we have no Constitution_ but the laws of the State. The
_Charter is not the Constitution_. By the Revolution
_that_ was abrogated. A law of the State gave a subsequent
sanction to that which was before of no force; if that law be
valid, any alteration made by a later act will also be valid; if
not, we have no Constitution, so defined, as to preclude the
Legislature from exercising _any_ power necessary for the
good of the people.
Public-domain text, read in full here on John Shaqi.
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