USA > Connecticut > Hartford County > History of Hartford County, Connecticut, 1633-1928, Volume I > Part 6
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"I suppose these premises will easily let any reasonable man see what the conclusion must be that men would have to follow. The misery of the men of Connecticut would be marvelously acceptable to such, and therefore there is little expectation they do desire their good, and would procure it, who are not willing any good should come to them, if all the inventions of falsehood can prevail. Worthy Sir, these are not jealousies which we needlessly raise; they are realities which passengers daily relate, and we hear and bear: I leave them in your bosom; only I confess I count it my duty, and I do publicly and privately pray against such wickedness; and the Lord hath wont to hear the prayer of the despised."
John Talcott, William Westwood and William Wadsworth were the "townsmen," like selectmen, in Hartford in this period before there was a Constitution to authorize towns. And it was to push on further and have a recorder of deeds, William Spencer, who was not authorized colony-wise till after the Constitution had directed all three plantations to organize as towns, at which time he was formally reelected. Windsor also had a dividing rivulet, but the Plymouth portion and the Great Meadow or northern portion were so much like one, after the Dorchester people had purchased, that all impression of division of territory was removed. Wethersfield was a natural unit. Whatever the minor differences, all three towns were being conducted under the principles of free and independent government. The historic sermon of Mr. Hooker, therefore, outlining such government, fell on sympathetic if not on expectant ears.
That sermon was delivered on May 31, 1638, the second anni- versary of leaving Newtown, at an adjourned session of the court that had been assembled in April. As he had been the leader in the thought in Newtown, this was the formulation of his ideas with which the others were not unfamiliar. They had not been shouted from the housetops nor put down in writing while Eng-
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land was jostling about as she was and the Bay was heading toward oligarchy and life-tenure. Rev. John Cotton, ecclesiastical Mussolini, was declaring that the people were not fit to rule, and Winthrop had written Hooker that it was unwise to refer matters to the people. (The world is indebted to the informal but inde- fatigable sermon-reporter, Henry Wolcott, Jr., of Windsor, for its knowledge of Hooker's sermon. His notes of all the sermons he reported-for his private box-were so crude as to pass unrecog- nized until J. Hammond Trumbull of Hartford more than two centuries afterward deciphered them and wrote them out.)
The eminent minister who had replied to Winthrop, writing, "In matters of great consequence, which concern the common good, a general council, chosen by all, to transact businesses which concern all, I conceive, under favor, most suitable to rule and most safe for relief of the whole," was to voice, on this May 31, at the session of the kind of government already built up in the wilderness and before men awaiting only the impressive wording of their convictions, that political principle which was to prevail as the ideal from that day to this, and in this present is success- fully withstanding efforts to distort or destroy it.
His text was Deuteronomy I:13-God's injunction to select wise men "and known among your tribes," to be made rulers. Those who select, by God's own allowance, have the power also to limit power-"because the foundation of authority is laid in the free consent of the people" and "because by a free choice the hearts of the people will be more inclined to the love of the persons chosen, and more ready to yield obedience." The exhortation included: "To persuade us, as God hath given us liberty, to take it." The exhortation was effective; the Fundamental Orders were adopted January 24, 1639, or as soon after that sermon as circumstances, to be considered later, would admit. They prob- ably were under discussion at the fall session and this was an adjourned session, Roger Ludlow's preeminent legal talent doubt- less having been employed during the interim to bring the ideas into proper form.
The magistrates of that session, Pynchon and Smyth of Springfield having withdrawn, were: Ludlow and Phelps of Windsor, as in the first court; John Haynes and Thomas Welles of Hartford, Matthew Mitchell and John Plumb of Wethersfield. Committees were Thomas Ford, George Hull, Thomas Marshall,
i 1
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John Mason, Windsor; Edward Hopkins, John Steele, John Tal- cott, John Webster, Hartford; John Gibbs, George Hubbard, Thomas Raynor, Andrew Ward, Wethersfield. Four of Hart- ford's six became governors, and one the secretary and one the treasurer of the colony. Other prominent inhabitants were within the little church-the second that was built-where the sessions were held.
The original Constitution was a simple document to meet simple needs. The preamble said the "inhabitants" and "resi- dents" desired to establish an orderly and decent government according to God and conjoined to be as one commonwealth-no royal or other superior authority recognized-for maintaining the liberty and purity of the gospel, the discipline of the churches and the orderly conduct of civil affairs according to law. Electors should be all who had been admitted as freemen and had taken the oath of fidelity. There were to be two "General Assemblies or Courts" annually, one in April for election and one in Septem- ber. Magistrates and "other public officers as shall be found requisite" should be elected by majority on ballot, one of whom should be the governor and six be magistrates, no new magistrate to be elected who had not been nominated at the preceding court, and the court should have power to increase the number. The governor should be a "member of some approved congregation" and formerly a magistrate, and was not to be chosen two years in succession. The several towns should send deputies who, after the elections, should participate in the business of the court.
The illustration of throttled rights in an England without a parliament being still before them, it was provided that in case of need the governor and magistrates could call special sessions voluntarily or on petition of a majority; if they disregarded a petition, the freemen should take full control, electing a moderator.
The deputies were to be elected by ballot in public assembly in each town, "three or four, more or less, being the number agreed upon to be chosen for that time." Windsor, Hartford and Wethersfield should send four to each court, and those which later would be added as many as the court should say (a "reason- able proportion"). Deputies could assemble before court sessions to discuss matters of importance and to decide whether their own elections were legal.
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The court should be the "supreme power," in legislation, admitting freemen, disposing "of lands undisposed of, to several towns or persons," and to whatever common public welfare required except elect magistrates. The governor or moderator must "give liberty of speech and silence unseasonable and disor- derly speaking" and have the deciding vote in cases of tie. When a money levy had been agreed upon, a committee of equal number from each town fixed the proportion.
There was no provision for amendment and, later, changes were made by legislative acts; hence it was not a "constitution" in its strictest modern sense, but it was the first approach to such and served the purpose. The occasional sweeping criticism that this was not a democracy because it required qualifications for electors is as true of the government today as it was then.
As Hon. Simeon E. Baldwin has said, "Historians generally concede that this was the first written constitution of representa- tive government ordained by men." Analysis and comparison with a few kindred documents confirm this. A government com- pilation entitled "The Federal and State Constitutions, Colonial Charters and other Organic Laws of the States, Territories and Colonies," published under the editorship of Francis Newton Thorpe as a House document in the congressional session of 1909, gives the "ordinance and constitution of the treasurer, council and company in England for a council of state and general assem- bly" in Virginia, dated July 24, 1621, which recognizes royal power; Virginia's first assembly had been convened by the royal governor, Yeardley, in 1618, supposedly (the document is lost) under instructions from the Virginia Company in England sim- ilar to those in the later ordinance of 1621, making America's first legislative assembly. This is not a constitution of represen- tative government of and by the people, recognizing no higher human power; on the contrary, noteworthy as it is in American history as the first of its kind, it is under permission and by direc- tion of a higher power in England. Connecticut is unique in never having had a royal governor. The Constitution did not have to be changed in character when American independence was declared. Howard Lee McBain, another authority who has made the study of the history of constitutions and government his special study, says in his book "Government and Politics in Vir- ginia," published in Richmond, Va., in 1922, that the "first con-
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stitution of Virginia" was adopted in 1776,-meaning a consti- tution of representative government.
Edward Channing of Harvard, a profound historian, voices the same sentiment as did P. G. Palfrey before him when, in his history of the United States published in 1905, he says of the Fundamental Orders that they "enjoy the distinction of being the first written political constitution in which the functions of gov- ernment are formulated in detail." He finds only the Pilgrims' compact on the Mayflower for comparison and says of that: "The earlier Pilgrim compact and the fundamental laws of the Rhode Island towns were rather in the nature of social compacts and followed closely the phraseology of the church covenants of that time. The Connecticut orders, on the other hand, are phrased like the later constitutions and have their rise in legal and not in ecclesiastical precedents."
Other judgments are: "Green's History of the English People" -"The eleven Fundamental Orders of Connecticut with their preamble present the first example in history of a written con- stitution." Historian John Fiske-"The government of the United States today is in lineal descent more nearly related to that of Connecticut than to any other of the thirteen colonies." Prof. Alexander Johnston-"The birthplace of American Democracy is Hartford."
(Special emphasis has been laid upon this because of a ten- dency of the age to disregard established facts in history. This is illustrated by a circular published in magazines this year of 1928 and sent to schools and colleges for aid of students who shall enter an essay contest arranged by a syndicate of newspapers on the subject of constitutions. The documents when studied leave no room for disagreement; each has its particular merit. Governor-and former Chief Justice-Baldwin said further: "It is the glory of Connecticut that she made for herself the first real constitution, in the modern sense, known to mankind.")
It has been shown that the Constitution was a development. The methods of the plantation form of government had been car- ried forward. A notable change was in this, that hereafter there would be suffrage qualification. There still was no requirement of church membership, as in Massachusetts and New Haven, but towns must be established and the only qualified voters were
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those who had been "admitted" and who took the oath of fidelity. Therein was one of the fundamental principles of the present day. Obviously the first step for the inhabitants was to gain the necessary status. The power to "admit," later shared by the towns, rested with the court alone. February 18 it held a special session and it would appear that many, including those who served as magistrates and deputies, were sworn early. The first election was on April 11, 1639, when John Haynes (lately gov- ernor in Massachusetts) was elected governor; Roger Ludlow deputy governor, and George Wyllys, Edward Hopkins, Thomas Welles, John Webster and William Phelps magistrates, together with twelve representatives or deputies, four from each town. All were freemen who had the certificate of the majority of the deputies of each town and the approval of the General Court. In reality, the town records show, the deputies had been elected as "committees" as by the old style, it not yet having been possible to organize the towns.
Then the Constitution spoke of "laws" but there was no code. Such must be prepared, and Wyllys, Webster (ancestor of the great lexicographer) and Spencer were appointed to prepare it, examining the former "orders and laws" and delivering for man- uscript publication in the towns those of "public concernment." They must be read publicly each year. Towns were given power to dispose of their own undisposed-of land "and all other com- modities arising out of their own limits bounded out by the court." Then the Original Proprietors were organized.
Town organization commanded early attention. As already told, Hartford had elected townsmen and also a registrar who had to be reelected in October because it was not till then that the General Court, acting under the Constitution, directed that there be such an officer or clerk in each town. Spencer died and was succeeded by John Steele in April following. At Hartford's first town meeting, December 26, 1639, Edward Hopkins, Thomas Welles, John Steele and John Talcott were chosen to assist the townsmen. In Windsor, Bray Rosseter was chosen town clerk (or registrar) in 1640 and the plantation probably had had no townsmen, its whole town organization dating from the adoption of the Constitution. Mr. Hills, Mr. Gaylord, Thomas Ford, Bray Rosseter, Thomas Thornton, Henry Wolcott and John Moore were chosen to look after the affairs of the town in 1642, Mr. Hill
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to be moderator. The Wethersfield records are incomplete. Matthew Mitchell was the first town clerk. The constables and townsmen were elected annually; the other officers were survey- ors, herdsmen, fence-viewers, chimney-viewers and the like.
Power also was given to establish town courts. Henceforth the plantations were formally towns. And in 1640 the General Court suggested methods for plantations and provided that when plantations came to be "at charge to maintain officers within themselves, then other considerations may be had by the court." "Under the original Fundamental Orders, under the charter and under the Constitution of 1818," said the eminent lawyer Henry C. Robinson, "the towns have had no power except as it was given them by the organic law of the General Court."
The last order of the court in October recognized the value of history and of censored publicity for it was to the effect that certain men work individually and together to bring to the court any remarkable instances of God's providence from the begin- ning of the settlements and the court would cause to be recorded all that should be judged worthy, after they had been censored and edited.
The court organized a particular court of magistrates, meet- ing more frequently than the General Court and less formal. In 1647 it consisted of the governor, deputy-governor and two mag- istrates, and cases could be submitted to a jury of six or twelve. Minor cases could be tried in town courts before three, five or six townsmen. The statutes were not printed till 1673; after that, every household was required to have a copy.
Under appointment from the General Court, Ludlow com- pleted his historic code in 1650, and received for his four years' hard work £6. Of the seventy-three articles, fourteen were from the Massachusetts Body of Liberties. In 1854, fifty-eight of his titles were still in use. One of the foundation stones-what has been called the colony's Magna Charta-was the Bill of Rights containing the provision that no man could be deprived of his rights, privileges or belongings except by law, or, if the law were defective, by the word of God. The Legislature was su- preme even over the judiciary, but eventually the courts estab- lished their power to pass on the constitutionality of the laws.
Offenses punishable by death were idolatry, witchcraft, blas- phemy, murder, bestiality, adultery, rape, kidnapping, perjury,
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rebellion against parents, burglary and theft on third indictment, and arson endangering life. The gallows were used for purposes besides execution. Culprits were sometimes sentenced to sit on the platform with a noose around their necks. For burglary first offense, the culprit was branded with a capital "B" and an ear was nailed to a board and cut off, after which ten stripes were given on the naked back; for the second offense, the other ear was cut off, twenty-five stripes were administered and an- other "B" was branded, and for third offense, hanging. The num-
ber of capital crimes was very much less than in England. Sit- ting in stocks near the church and "riding the wooden horse" (a rough rail) in Meeting-house Yard were forms of publicity in- tended to have a salutary effect. Especially severe were the pen- alties for offense against the Sabbath and for malicious gossip and lying. The court formulated grounds for divorce before divorces were granted in any country; the causes enumerated in the revision of 1677 were much like those of today.
Ludlow, the so-called "father of Connecticut jurisprudence," had seen the fertile fields of Fairfield when on the expedition to overtake the remnants of the Pequots, and after he had been chosen to only second position in the colony-Haynes winning first position over him as he had done in Massachusetts-he took Windsor and other people with him in 1640 to make a settlement in Fairfield, removing his residence thither somewhat later. In 1654, after completing his code, he was censured by New Haven for having utilized the Indians in trying to stand off the approaches of the Dutch into this territory, which territory New Haven laid claim to. Provoked with the New Haven attitude, he went to Virginia to see his brother and then to England where he was made lieutenant-general in Cromwell's forces, and eventu- ally to Dublin as commissioner for administration of justice. Cromwell was seeking to have conditions in Ireland such that Puritans would be drawn there. This period of the law-giver's life is shrouded in mystery. He died in Michan's parish about 1659.
VI HOMES, CUSTOMS, INDUSTRIES
CHURCH, THEN INNS FOR GENERAL COURT-SERIOUS CALL FOR DOCTORS -LIQUOR, TOBACCO AND OTHER LEGISLATION-SHIPMENTS AND IM- PORTS-NEW ENGLAND TOWNS AROUND CHURCHES-SOCIAL DIVER- SIONS-THE FIRST TAVERNS.
The daily life of these pioneers, their endeavor to adhere to English principles in dividing the unbroken soil and their adapta- tion of English law to wilderness conditions were not materially different from those of other pioneers, but inasmuch as world- wide attention is drawn to them as government builders, what- ever reveals their character and general method is of value. As a group of high type and with comparatively few servants, they are worthy of study. There were fifty or sixty families, number- ing in all about 250 souls.
The land they acquired by the original deed, from Wethers- field to Windsor, extended westerly six miles. At request of Haynes and other magistrates this territory was enlarged to run as far west as Sequassen's country extended, an agreement being made with Sachem Pethus of the Tunxis Indians that a tract in present Farmington be reserved for his tribe or group. All three of the towns bought on the east side of the river "into the wild- erness," meaning to the uncertain boundary of the Mohegans, but not including all the land of the Podunks in East Hartford and South Windsor. When the deed was confirmed by Sequassen's heirs, including his sister Wawarme, in 1670, the proprietors were taxed to pay the surviving Indians the value of their holdings in the South Meadow.
The first church they built was about at the corner of Central Row and Prospect Street. The minister's first house was about where the plant of the Taylor & Fenn Company is now located, on Arch Street, south of the rear part of the Hunt Memorial land. A lane led from the house to the church. Rev. Samuel Stone's house was just across this lane from Mr. Hooker's, on land now occupied in part by the Municipal building and the Times build- ing. The lane extended southeasterly from the church corner.
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Prospect Street was not laid out till 1788. State Street, an orig- inal highway, extended only to Front Street, not being extended to the river till 1800. The accompanying maps of Dr. Love and Engineer Porter show the locations of the individual settlers.
All title till the Revolution was nominally feudal, subject to the title of the Crown. The commons were divided by drawing numbers, usually by the proprietors or their heirs. Large ox pas- tures were owned by the proprietors or their heirs but the town appointed herdsmen. On the east side of the Connecticut, the entire section from Main Street, East Hartford, to the original line, laid out in 1641, was allotted to the proprietors in 1666 as. one tier.
The north and south lines of Meeting-house Yard were back some fifty feet from where they now are, even almost to present Grove Street and to Kinsley Street. The second meeting-house, begun in 1638, was near this line a rod or so west of the first one. About fifty feet square, it had a truncated pyramidal roof sur- mounted by a tower and turret, and with galleries, according to the best type of the day. It was in this that the Constitution was adopted, though the costly building was not completed till 1641. In April a bell from Cambridge was added. The second floor was used as an arsenal, later as the court chamber and then by the magistrates only, after the General Court was fully organized. The sittings were arranged, as in all churches, according to the social standing of the church members, and at the doors guards were posted. The stocks were in the yard in front. The bury- ing ground was just beyond, but soon to be abandoned for the one where the society's present edifice stands. The former meet- ing-house was removed to Mr. Hooker's lot where he utilized it as a barn. He also was provided with a new residence with an upper story, the front part of which included an extension over the front door for his study.
The branches of Little (Park) River were Hog River from the southwest and Wood's River from the northwest. To the southwest of their junction was Rocky Ridge, now surmounted by Trinity College. A town common where hogs were raised was on the west side of Hog River and an ox pasture south of Farmington Avenue to Little River, that part of it along Forest Street coming to be known as Nook Farm because of the north- erly bend of Little River after the two branches joined, thereby
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HARTFORD COUNTY, CONNECTICUT
making the nook. Across Wood's River was Ridge Field and north of that another town common, extending to the West Divi- sion (West Hartford) boundary. North of Farmington Avenue were a pasture and swamps. A. L. Washburn locates the first gallows near the corner of present Albany Avenue and Garden Street. Kiln Brook, which was to take its name from the first brick kilns-later called Gully Brook and now covered over- flowed from the north across present Garden Street by the pres- ent railroad station, through Allyn's swamp to Little River near the present stepping stones.
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