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
Points (2) and (3) in the governor's address were prompted by the
widespread interest created by the action of the legislature in
October, 1815, when it had set aside the conviction, by a special
Superior Court at Middletown, of Peter Lung for murder, on the ground
that the court was irregularly and illegally convened. The chief judge
was Zephaniah Swift of Windham, author of the "System of Connecticut
Laws." [z] Judge Swift appealed to the public [aa] to vindicate his
judicial character from the censure implied by the Assembly's
action. An ardent Federalist, who in the early days of statehood could
see no need of a better constitution than he then insisted Connecticut
possessed through the adoption of her ancient charter, he had long
opposed the ecclesiastical establishment which that charter upheld. In
his defense of the constitution he had maintained that "it ought to be
deemed an inviolable maxim that _when proper courts of law are
constituted, the legislature are divested of all judicial
authority_." [2l2] But when the legislature claimed as
constitutional the right to call to account any court, magistrate, or
other officer for misdemeanor or mal-administration, [ab] Judge Swift
admitted the lack of "a written constitution." He further argued that
the one "made up of usages and customs, had always been understood to
contain certain fundamental axioms which were held sacred and
inviolable, and which were the basis on which rested the rights of the
people." Of these self-evident principles one was that the three
branches of government--the executive, legislative, and judicial--were
coordinate and independent, and that the powers of one should never be
exercised by the other. "It ought to be held as a fundamental axiom,"
the judge declared, "that _the Legislature should never encroach on
the jurisdiction of the Judiciary,_ nor assume the province of
interfering in private rights, nor of overhauling the decisions of the
courts of law." Otherwise, "the legislature would become one great
arbitration that would engulf all the courts of law, [ac] and
_sovereign discretion_ would be 'the only rule of decision,--a
state of things _equally favorable to lawyers and criminals."_
[213]
With respect to the fifth point in the governor's address, the right
of suffrage, the Republicans and their allies demanded its extension
from householders haying real estate rated at $7 (40s.), or personal
estate of $134 (£40), to "men who pay small taxes, work on highways,
or do service in the militia."
Public-domain text, read in full here on John Shaqi.
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