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
men would not stay until the voting upon the list was finished,
preferring for various reasons to cast an early ballot. The natural
tendency was to support the experienced and known, even if
indifferently efficient councilor, rather than to vote for an untried
and unfamiliar man whose name would come up later, or even for popular
men who could not be proposed until far into the day. As a result the
party in power felt assured of their continuance in office. Moreover,
proxies for the election were returned in April, but the result was
not announced until the legislature met in May, nor was there any
supervision compelling an honest count. Thus it was easy to keep in
office Federal candidates, and thus the Senate, or Council, came to
reflect public opinion about twenty years behind the popular
sentiment. Furthermore, the clergy of the Establishment would get
together and talk matters over before the elections, and the parish
minister would endeavor to direct his people's vote according to his
opinion of what was best for the commonwealth. This ministerial
influence was not shaken until about 1817.
There was still another grievance against the Council besides that
just mentioned. It had come to be almost a Privy Council for advice
and consultation. Furthermore it was, until 1807, the Supreme Court of
the state to which lay appeals in all cases, civil or criminal, where
errors of law had been committed in the trial courts. Its twelve
members were mostly, if not all, lawyers, holding a tremendous power
of patronage over the members of the Lower House, many of whom were
also lawyers, eager for preferment; over the courts throughout the
state, from which, since 1792, the old non-professional judges had
been debarred, and also over the militia, whose officers, from the
earliest times, had been appointed by the General Court. Further, the
united action of the two houses was necessary to pass or to repeal a
law, and thus much important legislation centred upon a majority of
seven in the Council.
Furthermore, at the opening of the nineteenth century, the courts of
law also were thought to need reorganizing. The judges were declared
partisan, as they naturally would be under the conditions of their
appointment. The Republicans could not meet the Federals upon an equal
footing in the state tribunals. They were disparaged in their business
relations, "were treated as a degraded party, and this treatment was
extended to all the individuals of the party however worthy or
respectable; in fact as the Saxons were treated by the Normans and the
Irish by the English government." [196]
Public-domain text, read in full here on John Shaqi.
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