Fundamental Orders of Connecticut - Essay Example

College Introduction Fundamental Orders of Connecticut were assented within the extent of Connecticut colony on the 14th of Januarythe year 1639. The orders denoted the way the government could run in the Connecticut River towns laying the structure and the powers of the government, (Roger 2012). It’s conspicuous that the orders were to be the first written form of constitution in those olden days of the Western tradition and that it have earned itself the nickname the Constitution state, (http://www.malegislature.gov). This paper will critically evaluate what was entailed in the Fundamental orders of Connecticut. Background history These fundamental orders have represented the skeletal structure of the first ever written form of constitution. Massachusetts members formed groups of Protestants that has been historically documented to have arisen in the 16th century, (Chamberlain, 2008). They protested against the Church of England, calling for the simplification of the religious doctrine. They were termed as Puritans and they gradually became politically powerful. The congregational churches were too not satisfied with the Anglican reforms. Their churchly vestments did not brush shoulders well with the locals, (Kemp, 2010). This necessitated the Massachusetts General Court to grant them authority to settle the spring fields of Hartford, Windsor and Wethersfield. A Land dispute in the year 1631 was solved by a named 8 magistrates that were from the Connecticut cities, (http://billofrightsinstitute.org). After the given duties were over, the commission expired late in March 1636. These further headed the proceedings on the origin of the Fundamental orders that can still be traced from Roger Ludlow, (Kemp, 2010). On the 29th day of May the year 1638, Ludlow drafted the first Fundamental orders and presented them to Massachusetts governor. A few months later, the fundamental orders were voted into practice on the 14th day of January the year 1639. This was a sign of recognition that Connecticut was now an independent entity. It is from these humble beginnings that Connecticut government was formed. This short document contained the main principles that have been applied in the creation of the world giant government in the United States of America, (Chamberlain, 2008). The government was based on the rights of individuals. It elaborated some of the basic rights in terms of elections, their own magistrates and finally the use of secret ballot papers. It stated that, there shall be two annual Courts or General assemblies. They would take place on the second week on a Thursday the month of April, and the other would also be done on the second week on a Thursday the month of September. It further clarified that it will be the Court of Election, (http://www.malegislature.gov). This was to be done annually. It’s wise to note that these court Public officers and the Magistrates were indispensable. The Governor was to be in his office until another one was elected. It made exclusions that a Magistrate could not hold office more than one year. There was need to have six of the Magistrates behind the Governor. They all had to take oath of the office that they will held and sworn upon the word of God, (Chamberlain, 2008). They had to take the Oath of Fidelity so as to perform their Jurisdiction duties and execute the powers given to them. Fundamental orders of Connecticut stated that the election of the mentioned Magistrates shall be conducted by the eligible candidates in the manner of a single written paper, (http://billofrightsinstitute.org). They were to write the name of the favorite Governor for that year. The Public officers and the Magistrates elections were as well to be conducted in the same manner. The Secretary of state at that time was to read out the names of the nominated governor and the one who didn’t want him voted in would bring a blank paper, (Cohn and Russell, 2012). The winner was to have more of the written papers in comparison to the number of blank papers. The winner was to be sworn in. The orders stated that the Secretary would not nominate any person, nor shall any other person be chosen in the newly Magistracy. It also stated that no person who was not set forth in the General Court should seek to be nominated in the next election. The deputies of the aforesaid cities would lawfully nominate two personnel that they felt that were suitable for the election, (McCook, 2011). The Court could as well add more as the Judge so wished. The Fundamental orders of Connecticut stated that no person elected as Governor should seek for the post for two consecutive years. The Governor should have been from the approved Congregation, (Chamberlain, 2008). The Commonwealth had its Freemen, those that formerly served in the Magistracy and within the Jurisdiction were as well eligible for the posts. It also stated that no elected Public officer or Magistrate shall assume office without having taken the oath, (Cohn and Russell, 2012). It would be done by the court they represent, and in absence of the principal to be done by their deputy for that matter. The Fundamental orders of Connecticut stated that the aforesaid Court of Election in the named towns shall be in a position to send their deputies, and at the time that elections have ended they would continue being in office and serve in their respective capacities, (Chamberlain, 2008). The other General court was scheduled to be done on the second week on a Thursday in the month of September and would be given the mandate to make laws, (Kemp, 2010). They would perform any other Public functions that the Commonwealth may so desire. The Fundamental orders of Connecticut also stated that the Governor shall conduct summons to the city Constables for the sole purpose of the two standing courts. This was to be done at least once a month based on the issue at hand. The Governor had also the powers to call the General Court and the Magistrates by giving a fourteen days’ notice to the Secretary, (Chamberlain, 2008). He could also do so in a shorter notice and have it communicated to the deputies and give the reason as to why the urgent matter needed their attention and discussion. The Freemen had the will to put any petition to the court and then the court would either dismiss them or make a ruling. The Constables had to await the court’s ruling and executed the powers given over their cities. The court rulings were final and the constables had to go as per the set rulings (http://www.malegislature.gov). It’s from the General courts verdict that the Moderator had to act within the powers given to him. These powers were not negotiated and had to be adhered to the letter. The Fundamental Orders of Connecticut stated that after there are any warrants issued out by the General Courts, it was the duty of the constable from the towns to abide to the required procedures, (Cohn and Russell, 2012). They were to give notice to the inhabitants. The constables had to serve the assembly and make arrangements for the meetings as to elect the deputies that would be accordance to the Commonwealth affairs, (http://billofrightsinstitute.org). The task of choosing the deputies was solely to be done in the said courts. The qualified candidate had to be endorsed and sworn in and the same report to be returned to the court by the Constable. The Fundamental Orders of Connecticut stated that Wethersfield, Windsor and Hartford shall have the power, for each of these towns to send four of their own Freemen as deputies to the General Court, (Cohn and Russell, 2012). These deputies from the respective towns were to be given the power to votes and the allowance due to them as the law and orders required (http://www.malegislature.gov). This was to be done as per the Public interest in the mentioned towns above. If any other town that should be added as per the jurisdiction, they had the liberty to send their deputies provided it met the proportionality to the number of their Freemen, The Fundamental Orders of Connecticut stated that the deputies that had been chosen shall assume the will power to appoint the area that the so felt was appropriate for their meetings before the General court. The main objective was to start strategizing on the issue of public interest, (Cohn and Russell, 2012). They would also widely consult on any matter that affected them, in regard to performing their given duties. They had to discuss issues that dealt with the legality of the elections and come up with refined issues that they would have felt needed court attention. If the court found any mischief, the accused party would be fined as per the court undertakings, (Chamberlain, 2008). Failure to pay the said fines, the court treasurer would take notice of the issue and then the Court could confiscate the property of the accused to the state. The Fundamental Orders of Connecticut stated that in each and every General Court, shall consist of Supreme powers of the Common wealth. The General Court shall consist of the Governor, four of the Magistrate and bearing in mind they had to have the majority of the deputies of the legally and sworn in deputies from the towns, (McCook, 2011). It further stated that in case of the Freemen, they had to be represented by the deputy that was duly chosen by them and their Moderator to have their voice in the Court. It has been borrowed a leaf in the new legislative body that assembles every year on their last Wednesday in the month of May in the General Court of Massachusetts, (http://www.malegislature.gov). It is with these powers that the Court was able to deal with matters at hand other than the election of Magistrates which was done by the entire body of Freemen. The duties that executed had to be in accordance the public interest and the set common wealth laws. It was so powerful that the Governor or even the Moderator had the powers to order court to have the willingness of speech so to speak, (Cohn and Russell, 2012). They could exercise their power to silence any unreasonable and disorderly speaking and as well as have things to be voted for. Just when there was a tie and then they would have their voice heard. It’s also clear that none of these courts were adjourned or dissolved without consulting the majority part of the Court, (http://billofrightsinstitute.org). Conclusion It is from these Fundamental Orders of Connecticut that government gets its roots. There has been a lot of rework and rethinking that has been done by our men and women of this country to improve of these Fundamental orders of Connecticut. The two courts working parallel and having to deliver the hard tasks ahead of them. It is believed that on the 14th day of January the year 1639 the eleven orders written on this paper were said to be voted by our great grandfathers. It has been now the pillar of many modern constitutions in many running governments. References Chamberlain A. (2008). The First Constitution of Connecticut: The Fundamental Orders; 1638- 1639. Publishing Company Lighting Source Incorporated Cohn R., Russell J. (2012) Fundamental Orders of Connecticut. Publishing Company. Book on Demand Kemp L. Roger (2010). Documents of American Democracy: A Collection of Essential Works. Publishing Company. McFarland McCook J. Philip (2011) Divine Right and the Fundamental Orders: Publishing Company Literary Licensing, LLC http://billofrightsinstitute.org http://www.malegislature.gov Read More