USA > Connecticut > Connecticut as a colony and as a state; or, One of the original thirteen, Volume III > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
A meeting was held at New Haven for the purpose of cementing an alliance between the Democrats and such of the Federalists as were opposed to the "standing order" and "were friends of toleration and reform." The Democrats, recognizing the utter impossibility of obtaining supremacy in State politics, by their past efforts, welcomed these new adherents to their ranks with open arms and with perfect unanimity accepted as the standard-bearers of the new polit-
103
CONNECTICUT AS COLONY AND STATE
ical party, Oliver Wolcott for Governor, and Jonathan In- gersoll as Deputy-Governor.
Wolcott was a Federalist of the Federalists. He even opposed the renomination of John Adams, because he be- lieved "We should never find ourselves in the straight road of Federalism while Mr. Adams is president." The Anti- Federalists, at the time of his resignation as Secretary of the Treasury, had not only accused him of maladministration, but with downright crime. By his retirement from public life, and an absence of fourteen years from Connecticut, he had lived down the old-time resentment. Mr. Wolcott was opposed to the Hartford Convention; he was a friend to the Union, a foe to rebellion, and an active supporter of the late war; he resisted bigotry and favored toleration: all of which made him an available candidate for the coalition. His associate on the ticket was an eminent lawyer of New Haven and a prominent member of the Episcopal Church, being senior trustee of the "Bishop's Fund."
The new political party, first called "American," and after- wards "American and Toleration," was beaten at the spring election in 1816. Mr. Wolcott received 10, 170 votes out of 21,759; Judge Ingersoll, with the help of Federalists, was elected by a majority of 1,453. The diminished majority of the Federalist candidate foreshadowed a coming political revolution in the State; although at the presidential election held in the fall of 1816, they were again successful. The electoral college, consisting of Jonathan Ingersoll, William Perkins, Nathaniel Terry, Elisha Sterling, Seth P. Staples, Elijah Hubbard, Jirah Isham, Asa Wiley, and S. W. John- son, cast nine votes for Rufus King for President. There being no regular nominee for the office of Vice-President, five votes were cast for James Ross and four for John Mar-
104
CONNECTICUT AS A STATE
shall. In this election the Federalist candidate for President received only the votes of Massachusetts, Connecticut, and Delaware.
At the session of the Legislature in October, 1816, the Fed- eralists adopted conciliatory and compromising measures, to strengthen their position in the State. There was a balance due the commonwealth from the general government, for disbursements expended in general defense during the war. The Assembly passed "an act for the support of Literature and Religion," in which one-third of the amount was appro- priated to Congregationalist societies, to be divided among them for the support of the Gospel; one-seventh to the trus- tees of the "Bishop's Fund," for the use and benefit of the Episcopalian denomination of Christians; one-eighth to the Baptist trustees; one-twelfth to the Methodist trustees for the use of their denominations, and one-seventh to Yale Col- lege. The balance, a little more than one-sixth, was to remain in the State Treasury.
The amount received from the United States, before No- vember, 1817, was $61,500. As might have been expected, these concessions rather promoted than diminished the op- position to the established order of State and Church. The Federalists and Congregationalists thought too much had been conceded, while the minor sects deemed the division unjust. In fact, the Methodists at first refused to receive their share; but finally in 1818, thinking it wrong to leave such a sum remaining idle in the State Treasury, they accepted the amount. The Baptist trustees were still more obstinate, but finally succumbed to the inevitable, in June, 1820, and received their portion of the appropriation.
The next year the same nominations were made by the Toleration party. Oliver Wolcott was elected Gover-
105
CONNECTICUT AS COLONY AND STATE
nor, the Federalist candidate being the incumbent of the office, John Cotton Smith. The legal returns gave Wol- cott 13,655 in a total vote of 26,976. By corrections afterwards made and conceded by the Federalists, his major- ity was about six hundred.
Never had such a political cyclone swept over the "land of steady habits." Only four years previous, John Cotton Smith, the Federalist candidate, received 9,415 votes for Governor, and Elijah Boardman, his Democratic competitor, 2,619.
At the October session of the General Assembly in 1816, the success of the Toleration party was assured by their plac- ing in nomination their ticket for Assistants. The " Stand-up Law," which had been on the statute-book since 1801, was repealed at this session. This obnoxious law deprived the freemen of a secret ballot ; it was not only condemned by the Democrats and their Toleration allies, but was also very unpopular among the Federalists; it was one of the few grievances the freemen had to complain of, and was instru- mental in consummating the political revolution that began in 1817.
One of the first acts passed by the Assembly in this year was that "securing equal rights, powers, and privileges to Christians of every denomination in this State." The law was not explicit enough to satisfy the minor sects, as it con- tained no declaration that would enable them to have recourse to the same measures that were enjoyed by the Standing Order. The following year another bill was adopted, which more effectually secured equal rights and privileges to all denominations. The Toleration party, in the spring of 1818, appeared under the name of "Constitution and Re- form." The political revolution was completed by the
106
CONNECTICUT AS A STATE
re-election of Wolcott and Ingersoll, also of eight new Assist- ants, and a majority against the Federalists in the House of Representatives.
While the success of the Democrats and Tolerationists was due to their unanimity of feeling in favor of a new con- stitution, the Federalists were by no means united in opposing it. In several towns, prominent members of that party con- curred in the vote instructing their representatives to favor the change.
There was also the old rivalry between New Haven and Hartford, which dated from the union of the colonies. The Tolerationists advocated a political equality, by having only annual meetings of the Legislature, held alternately in each city; thus many Federalists of New Haven and vicinity favored "Constitution and Reform." The Democratic press, by able editorials, indorsed the change; these were supple- mented by a liberal distribution of pamphlets throughout the State.
The most serious defect in the existing form of govern- ment was the omission of defining "the supreme power and authority of the State." This was vested in the General Assembly, without reservation of the judicial authority to the proper courts of law. This body was the court of ultimate resort in all matters, civil and criminal. It also, for a long time, reserved to itself the sole jurisdiction in equity ; nor had it as yet delegated to the courts the power of granting relief, if the amount in controversy exceeded $5,335, which had been fixed as the equivalent of £1,600.
The power to call to account any court or magistrate for cause found, and to punish, fine, or displace, was vested in this body; also its right to grant pardons, suspensions, and reprieves, in capital or criminal cases, was unquestioned.
107
CONNECTICUT AS COLONY AND STATE
Therefore many leading members of the bench and bar wished to have the legal status of the courts more specifically defined; they also desired a separation of the executive, legis- lative, and judicial branches of the State government.
The election of 1818 was to change not only the policy, but the frame of government. At the convening of the As- sembly in May 1818, it was well understood that its prin- cipal business would be to provide for the calling of a con- stitutional convention. The Governor, in his address before the two houses, presented the subject with fairness, caution, and good sense. The House of Representatives appointed Orange Merwin of New Milford, David Plant of Stratford, Shubael Griswold of East Hartford, Nathan Pendleton of North Stonington, and Nathaniel Griffing of Guilford, a committee to report on that portion of the governor's mes- sage which related to the revision of the form of civil gov- ernment. The council appointed Elijah Boardman and Wil- liam Bristol members of a joint committee.
A resolution was adopted June 2, 1818, calling for town meetings to be held on the following fourth day of July, to enable the freemen to elect as many delegates to a Constitu- tional Convention, to be held the fourth Wednesday in August, as they had representatives in the lower house of the General Assembly. The result of the two elections assured a majority for the Tolerationists, though both parties had put in nomination their strongest men.
Oliver Wolcott, the Father of the Constitution of 1818, and the first Governor elected under it, was the third mem- ber of the Wolcott family called upon to fill this office. He was born in Litchfield, Jan. 11, 1760; at the age of four- teen he entered Yale College; two years later he joined the volunteer militia, which interrupted his studies. He took
108
From a crayon sketch by Rembrandt Peale.
Oliv: Notion.
CONNECTICUT AS A STATE
part in repelling Tryon's invasion; he afterwards returned to college, graduated, and began the study of law.
During the summer of 1779 he acted as aide-de-camp to his father, who commanded on the western borders of the State; he was attached to the quartermaster's department of the Continental Army, but after declining a commission as ensign, he left military life to resume his legal studies. Leav- ing his native town in 1781, he proceeded to Hartford, where he accepted a clerkship in the office of the Commissioners of the Pay Table. The following year he was appointed one of the board. In May 1784 he was selected one of the commis- sioners to adjust the claims of Connecticut against the United States; his colleagues were Oliver Ellsworth and William Samuel Johnson.
The abolishment of the Commissioners of the Pay Table caused him to be appointed in 1788 Comptroller of Public Accounts; this office he resigned to become Auditor of the United States Treasury. He was afterwards made Comp- troller, and in the spring of 1791 he declined the presidency of the United States Bank. On the resignation of Alexander Hamilton as Secretary of the Treasury in 1795, Governor Wolcott succeeded him, holding the office until Nov. 8, 1800. Two years later he removed to New York City, engaged in mercantile pursuits, amassed a fortune, and became the first president of the Bank of North America. After the close of the second war with England, he returned to his native town, where in company with his brother he founded large woolen mills near Torrington. For ten con- secutive years he was elected to the gubernatorial chair; on his retirement from this office, he returned to New York City, where he died June 1, 1833. Governor Wolcott was the last survivor of Washington's Cabinet, and the last link.
109
CONNECTICUT AS COLONY AND STATE
in the chain that represented the principles of the founders of the republic.
110
CHAPTER VII THE CONSTITUTIONAL CONVENTION OF 1818
I T was an auspicious day historically for Connecticut, that saw the assembling of the Constitutional Con- vention in the Hall of Representatives at Hartford, on Aug. 26, 1818. The royal gift, which had been received with enthusiasm by the colonial fathers, was to be dispossessed of its governmental powers, and become a relic of antiquity. The Royal Charter, while it contained no royal prerogatives, was tinged with the spirit of aristoc- racy. The artisans who were to advance the prosperity and importance of the State were not, under its government, co-ordinate with the landed proprietors. The mechanic was prima facie vulgar; his ability was exercised not in increas- ing his wealth, but in a determination to desert his vocation, to become a member of the professional or agricultural class. The abolishment of an established church caused all men to enjoy the same political status. For the first time, the mechanic was on an equality with the Congregationalist farm- owner. This laid the foundation for a distinct mechanical commonwealth, and undoubtedly stimulated inventive genius.
The convention embraced members of all creeds, and from all walks in life; but there was a large predominance of those who had attained honorable distinction in profes- sional or public positions. Seven of the delegates-namely, Pierrepont Edwards, Amasa Learned, Jessse Root, John Treadwell, Stephen Mix Mitchell, Aaron Austin, and Lem- uel Sanford-were members of the convention which ratified the Constitution of the United States. Amasa Learned and Timothy Pitkin had been representatives in Congress, while Pierrepont Edwards was a member of the Continental Con- gres and the Constitutional Convention of 1787. Elisha Phelps, James Stevens, Gideon Tomlinson, Orange Merwin, and Daniel Burrows afterwards represented Connecticut in
113
CONNECTICUT AS COLONY AND STATE
the lower house of Congress ; while to the upper house, James Lanman, Nathan Smith, and Gideon Tomlinson were sent. The latter, and also Dr. John S. Peters, became Governors of the State.
The Federalists were well represented. In their ranks were honored chiefs and pillars of their established order. Three of them were venerable members of the judicial bench : Jesse Root, in his eighty-second year, Stephen Mix Mitchell, in his seventy-fifth, and ex-Governor John Treadwell, in his seventy-third. The leadership of the minority was divided between General Nathaniel Terry and Governor Treadwell.
There were many other Federalists having a State rather than a national reputation, who were members of the body. Among them we name Aaron Austin of New Hartford, who had for nearly a quarter of a century sat with the Assistants at the council board; William Perkins of Ashford, Colonel Shubael Griswold of East Hartford, General Levi Lusk of Wethersfield, Rev. Aaron Church of Hartford, Henry Terry of Enfield, Colonel John McClellan of Woodstock, Dr. Bela Farnham of East Haven, and Dr. Solomon Everett of Can- ton. These gentlemen were leaders in the political party of their forefathers, and earnest advocates of the established order of the Congregationalist church.
They refrained from a hopeless opposition to the coming constitution; but their efforts were directed towards preserv- ing, as far as possible, the established institutions of Connec- ticut, and a distinction of powers under a new form of gov- ernment. These principles were voiced by their political organ, the Connecticut Courant, in its issue of June 21, 1818: "Federalists are far enough from being opposed to a Constitution, and instead of being enemies to it, will be heartily glad to co-operate with all honest Republicans to
114
Nath: Jord
CONNECTICUT AS A STATE
form such a constitution of civil government as will secure to the freemen of Connecticut equal rights and a continuance of those numerous privileges which have so long distin- guished the people of the State."
The new political party, whose battle cry was "Toleration and Reform," when its age is taken into consideration, pre- sented an array of leaders unprecedented in the history of the State. Prominent among these was Pierrepont Edwards, the venerable founder of the party. He was the youngest son of the Rev. Jonathan Edwards, and possessed a fund of legal lore. He was appointed by President Jefferson as United States Judge for Connecticut, and early identified himself with the organization of Freemasonry in the State. He was chosen the first Grand Master of that order. Among the other recognized leaders were Alexander Wolcott of Middle- town, the founder and father of the Jefferson school of poli- tics in the State, the Baptist divine Rev. Asabel Morse of Suffield, the sometime Methodist preacher Rev. Daniel Burrows of Hebron, Joshua Stow of Middletown, General Joshua King of Ridgefield, Daniel Tomlinson of Oxford, and Christopher Manwaring of New London.
There were also at least a dozen of the medical fraternity selected as delegates, nearly all of whom were advocates for Toleration. Prominent among these were Drs. Sylvester Wells of Hartford, John S. Peters of Hebron, William Shel- ton of Huntington, Nathaniel Perry of Woodbury, John Turner of Norwich, Noah A. Lacey of Brookfield, and Jehial Williams of New Milford.
On the assembling of the delegates, the body was called to order by Jesse Root of Coventry. This honor was conferred on him in consequence of his seniority of age. The first test of party strength was manifested in the selection of a clerk
115
CONNECTICUT AS COLONY AND STATE
for the convention. The Federalists presented as their candi- date Thomas Day, Secretary of State; on the third ballot, however, James Lanman of Norwich was chosen to fill the position. His Excellency Oliver Wolcott, one of the dele- gates from Litchfield, was elected to preside over the assem- bly.
The convention being formally organized, and prayers offered, a committee of five was appointed, to frame a sys- tem of rules for the order and government of the body. It was not until the 27th of August, however, that definite action was taken to further the business for which the con- vention was called together.
A committee consisting of three members from each county was balloted for, to draft a constitution to submit to the convention. One-half of this committee of twenty-four members, notwithstanding the hostility to Yale that had been manifested by some of the Republicans, and also that the institution was viewed with jealousy by dissenters from the established order on account of its relations to the State, were of the alumni of that college. Only five of the com- mittee were from the Federalist party. On the 28th of the month, rules and orders were adopted; though a Preamble and Bill of Rights were presented, no action was taken until the first of the following month, when it was considered by sections.
The adoption of a Bill of Rights was opposed by the lead- ers of both parties. Governor Treadwell for the Federalists contended that, as the people of the State had not to deal with any tyrant or aristocracy, it was superfluous. Mr. Wol- cott, for the Democrats, thought it circumscribed the powers of the General Assembly; he also offered objection to several of its clauses. The Declaration of Rights, however, which
116
CONNECTICUT AS A STATE
became Article I. of the constitution, embodied those princi- ples of personal liberty and self-government which the people of the State inherited from their progenitors; every line breathed true democracy. As originally reported by the com- mittee, this Declaration consisted of twenty-three clauses; several of these were amended, and two entirely eliminated.
The second article provided for the distribution of the powers of the government, the defining of which was one of the primary causes of calling the convention. The Judiciary was, for the first time in Connecticut's history, separated from the General Assembly, which, like its predecessor the General Court had been omnipotent.
The third article related to the Legislature and elections. The former was to consist of two branches : the upper house to be known as the Senate, and to consist of twelve members elected by the people; the lower house was to be called the House of Representatives. The towns, being the unit of State organization, retained their former representation, irre- spective of wealth or population. The power of the General Assembly to reduce the number of representatives from each town, providing that at least one was credited to a town, was reported on favorably by the drafting committee. So also was an attempt to base the representation on population : providing that a town should have four thousand inhabitants to entitle it to more than one representative, although as low as two thousand was advocated. These resolutions were decided in the negative, and the original representation enjoyed by the towns was maintained. In regard to the meet- ings of the General Assembly, the committee were in favor of holding annual sessions alternately in Hartford and New Haven; but on this being presented to the convention by the vote of the presiding officer, a resolution was passed amend-
117
CONNECTICUT AS COLONY AND STATE
ing it so that semi-annual sessions were to be held. This was afterwards reconsidered, and the original report of the com- mittee was adopted.
The membership of the upper house of the Legislature was a mooted question. Various attempts were made to raise the committee's report of twelve, to twenty. These failing, six- teen was substituted; finally fourteen was adopted.
Articles fourth, fifth, and sixth, pertaining to the executive and judicial departments of the government, also to the qual- ifications of electors, were considered by sections, and adopted after a few minor amendments were made.
The presentation on Sept. I I of the seventh article of the constitution, which dealt with religion, led to an acrimoni- ous and protracted debate. The Federalists, though in a hopeless minority, still opposed the severance of Church and State; they could not, however, prevent the absolute equality before the law of all Christian denominations, though they were able to secure to the old ecclesiastical societies their legal rights and privileges as corporate bodies.
The remaining articles of the constitution, pertaining to education, impeachments, general provisions, and amend- ments, after slight changes, were adopted as reported by the committee.
It was on Sept. 15 that the draft of the constitution, as amended and approved, was adopted by the convention by a vote of yeas 134, nays 61. A resolution that the constitu- tion should be ratified "by a majority of the qualified voters present on the first Monday in October next," was, after various unsuccessful attempts to substitute for majority, three- fifths, four-sevenths, and five-ninths of the number of votes given, finally passed.
In a résumé of a vote of the convention for the adoption of
118
CONNECTICUT AS A STATE
the constitution, we find that while many of the prominent Federalists voted in the affirmative, the ultra-Jeffersonian Democrats were arrayed in opposition. This was for the best interests of the State, as the constitution thus submitted to the people was not such as either party wished for, but a com- promise between radical Democracy and conservative Fed- eralism. The Republicans gained a triumph in the overthrow of the charter government; the Toleration party, by the guarantee of perfect religious liberty and the enjoyment of equal powers, rights, and privileges to all denominations of Christians, had achieved the victory for which they had con- tended.
The ratification of the constitution by the people was for a time deemed doubtful; but the influence of the Democrats at the town meetings was counteracted by the Federalist dele- gates who had voted for it in the convention, advocating it in good faith, which brought many Federalist votes to its sup- port. It is asserted on good authority that a Federalist leader, by his personal and political influence, did more to secure a majority for ratification than any one else; whereas if he had opposed the constitution, it could not have escaped defeat.
The electors of the State, by a majority of 1,554 in a total vote of 26,282, ratified the constitution on the 5th of October. While the five southern counties gave a majority of 2,843 for ratification, the northern counties gave 1,289 against it. New London was the banner county for ratifica- tion, giving a majority of 948 in a total vote of 2,532. The town of Groton cast its entire vote, 283, for the constitu- tion, while in Waterford there were only three, and in Pres- ton eight, who were opposed to it. The constitution was engrossed on parchment, and enrolled, with the State seal
119
CONNECTICUT AS COLONY AND STATE
affixed, then deposited in the office of the Secretary of State.
There have been thirty-one amendments to the constitu- tion. The first three of these, adopted in November 1828, related to an increase in the membership of the Senate to not less than eighteen nor more than twenty-four members, and also gave the General Assembly the power to district the State accordingly.
The next four amendments pertained to the duties and election of different State officials. In October 1845 the property qualifications for electors were dispensed with, and every white male citizen of the United States, with cer- tain restrictions of residence, became a legalized voter. This was amended in 1855, and the requisition added that every person, before being qualified, should read an article of the constitution. In 1876, the word "white" preceding "male" was erased. In 1897, every person was required to read a section of the statutes of the State, in the English language, in order to be entitled to suffrage.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.