How strange, too, that in defining so carefully and astutely the limits
of the government, these constitution-makers should have forgotten the
King. One would but suppose that those who indited this paper were even
aware of the existence of titled majesty beyond what belonged to the
King of kings. They mention no supreme power save that of the
commonwealth, which speaks and acts through the general court.
Such was the Constitution of Connecticut. I have said it was the oldest
of the American constitutions. More than this, I might say, it is the
mother of them all. It has been modified in different States to suit the
circumstances of the people and the size of their respective
territories; but the representative system peculiar to the American
republics was first unfolded by Ludlow--who probably drafted the
Constitution of Connecticut--and by Hooker, Haynes, Wolcott, Steele,
Sherman, Stone, and the other far-sighted men of the colony, who must
have advised and counselled to do what they and all the people in the
three towns met together in a mass to sanction and adopt as their own.
Let me not be understood to say that I consider the framers of this
paper perfect legislators or in all respects free from bigotry and
intolerance. How could they throw off in a moment the shackles of custom
and old opinion? They saw more than two centuries beyond their own era.
England herself at this day has only approximated, without reaching, the
elevated table-land of constitutional freedom, whose pure air was
breathed by the earliest planters of Connecticut. Under this
constitution they passed, it is true, some quaint laws, that sometimes
provoke a smile, and, in those who are unmindful of the age in which
they lived, sometimes a sneer.
I shall speak of these laws in order, I hope with honesty and not too
much partiality. It may be proper to say here, however, that for one law
that has been passed in Connecticut of a bigoted or intolerant
character, a diligent explorer into the English court records or
statute-books for evidences of bigotry and revolting cruelty could find
twenty in England. "Kings have been dethroned," says Bancroft, the
eloquent American historian, "recalled, dethroned again, and so many
constitutions framed or formed, stifled or subverted, that memory may
despair of a complete catalogue; but the people of Connecticut have
found no reason to deviate essentially from the government as
established by their fathers. History has ever celebrated the
commanders of armies on which victory has been entailed, the heroes who
have won laurels in scenes of carnage and rapine. Has it no place for
the founders of states, the wise legislators who struck the rock in the
wilderness, and the waters of liberty gushed forth in copious and
perennial fountains?"
JOHN MARSHALL
Public-domain text, read in full here on John Shaqi.
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