The Development of Religious Liberty in Connecticut Part 18

[ab] The legislature had also interfered with decisions regarding the Symsbury patent. See E. Kirby, _Law Reports,_ p. 446.

[ac] A summary of the Connecticut const.i.tution, taken from _Niles's Register,_ a.s.serts that the General Court has sole power to make and repeal laws, grant levies, dispose of lands belonging to the state to particular towns and persons, to erect and style judicatories and officers as they shall see necessary for the good government of the people; also to call to account any court, magistrate, or other officer for misdemeanor and maladministration, or for just cause may fine, displace, or remove, them, or deal otherwise as the nature of the ease shall require; and may deal or act in any other matter that concerns the good of the state except the election of governor, deputy-governor, a.s.sistants, treasurer and secretary, which shall be done by the freemen at the yearly court of election, unless there be any vacancy by reason of death or otherwise, after an election, when it may be filled by the General Court. This court has power also, for reasons satisfactory to them, to grant suspension, release, and jail delivery upon reprieves in capital and criminal cases.

The elections for the a.s.sistants and superior officers are annual; for the representatives, semi-annual. The sessions of the General Court are semi-annual. The Governor and the speaker have the casting vote in the Upper and Lower House, respectively.

The Superior Court consists of one chief judge and four others, and holds two sessions in each county each year. Its jurisdiction holds over all criminal cases extending to life, limb, or banishment; all criminal cases brought from county courts by appeal or writ of error, and in some matters of divorce.

The county court consists of one judge and four justices of the quorum, with jurisdiction over all criminal cases not extending to life, limb, or banishment, and with original jurisdiction in all civil actions where the demand exceeds forty shillings. Justices of the Peace, in the various towns, have charge of civil actions involving less than forty shillings, and criminal jurisdiction in some cases, where the fine does not exceed forty shillings, or the punishment exceed ten stripes or sitting in the stocks. Judges and Justices are annually appointed by the General Court, and commonly reappointed during good behavior, while sheriffs are appointed by the governor and council without time-limit and are subject to removal. Recently county courts determined matters of equity involving from five pounds to two hundred pounds, the Superior Court two hundred pounds to sixteen hundred, and the General a.s.sembly all others.

Probate districts, not coextensive with the counties, exist, with appeal to the Superior Court.

In military matters, the governor is the captain-general of the militia, and the General Court appoints the general officers and field officers, and they are commissioned by the governor. Captains and subalterns are chosen by the vote of the company and of the householders living within the limits of the company, but must be approved by the General Court and commissioned by the governor before they can serve. All military officers hold their commissions during the pleasure of the General a.s.sembly and may not resign them without permission, except under penalty of being reduced to the ranks.-- _Niles' Register,_ 1813, vol. iii, p. 443, etc. Corrected slightly by reference to Swift's _System of Laws._

[ad] Banks and insurance companies began to organize about 1790 to 1810.

[ae] In 1818, for the first time, a dissenter, Mr. Croswell, rector of Trinity Church, New Haven, preached the Election Sermon.

[af] Messrs. Pitkin, Todd, G. Lamed, Pettibone, and Wiley. Of these, the first had been twenty times state representative, five times speaker of the House, and for thirteen years had been representative in Congress.

[ag] The first seven sections of the Bill of Bights according to the final revision are:--

Sec. 1. That all men when they form a social compact, are equal in rights; and that no man, or set of men are ent.i.tled to exclusive public emoluments or privileges from the community.

Sec. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and inst.i.tuted for their benefit; and that they have, at all times, an undeniable and indefeasible right to alter their form of government, in such a manner as they may think expedient.

Sec. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this state; provided, that the right, hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.

Sec. 4. No preference shall be given by law to any Christian sect or mode of worship.

Sec. 5. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Sec. 6. No law shall ever be pa.s.sed to curtail or restrain the liberty of speech or of the press.

Sec. 7. In all prosecutions or indictments for libels, the truth may be given in evidence; and the jury shall have the right to determine the law and the facts, under the direction of the court.

[ah] Mr. Trumbull a.s.serts that "writers and historians are in error when attributing to Mr. Morse of Suffield (the Baptist minister aforementioned) the drafting of the Article on Religious Liberty. The drafting committee were Messrs. Tomlinson and Stow, and the first clause, as reported, seems to have been taken with slight alteration from Governor Woleott's speech to the General a.s.sembly, May, 1817, namely, 'It is the right and duty of every man publicly and privately to worship and adore the Supreme Creator and Preserver of the Universe in the manner most agreeable to the dictates of his own conscience.'"

--J. H. Trumbull, _Notes on the Const.i.tution_, pp. 56, 57.

[ai] The second section remained unchanged.

[aj] Seven hundred copies were distributed among the towns.

[ak] By later amendments, judges of the Supreme Court of Errors and the Superior Court are nominated by the governor and appointed by the General a.s.sembly. Judges of probate are now elected by the electors in their respective districts; justices of the peace in the several towns by the electors in said towns; and sheriffs by their counties.

[al] By amendment of 1901, the vote for governor, lieutenant-governor, secretary, treasurer, comptroller, and attorney-general was changed from a majority to a plurality vote, the a.s.sembly to decide between candidates, if at any time two or more should receive "an equal and the greatest number" of votes.

[am] "It cut the churches loose from dependence upon state support--It threw them wholly on their own resources and on G.o.d." "The ma.s.s is changing," wrote Dr. Beecher. "We are becoming another people. The old laws answered when all men in a parish were of one faith."--Lyman Beecher, _Autobiography,_ i, pp. 344, 453.

[an] Lyman Beecher.

APPENDIX

NOTES

CHAPTER I. THE EVOLUTION OF EARLY CONGREGATIONALISM.

1, H. M. Dexter, Congregationalism as seen in Literature, p. 49.

2, Robert Browne, A True and Short Declaration, p. l.

3, H. M. Dexter, Congregationalism as seen in Literature, p. 70.

4, Report of Conference April 3, 1590, quoted in F. J. Powicke, Henry Barrowe, p. 54.

5, W. Walker, Creeds and Platforms, p. 12.

6, Ibid., pp. 14, 15; also H. M. Dexter, Congregationalism as seen in Literature, pp. 96-104.

7, Robert Browne, A Treatise on Reformation without Tarrying, pp. 4, 7,12.

8, Robert Browne, A True and Short Declaration, p. 7; Book which Sheweth, pp. 117-148.

9, Robert Browne, Book which Sheweth, Questions 55-58.

10, Ibid., Def. 35-40; Henry Barrowe, Discovery of False Churches, p. 34, and The True Description in Appendix IV of F. J. Powicke's Henry Barrowe.

11, Robert Browne, Book which Sheweth, Def. 53 and 54.

12, Henry Barrowe, Discovery of False Churches, p. 48.

13, Henry Barrowe, Discovery of False Churches, pp. 166, 275; Robert Browne, Book which Sheweth, Def. 51; A True and Short Declaration, p. 20; The True Confession of Faith, Article 38.

14, H. M. Dexter, Congregationalism as seen in Literature, pp. 221, 232; also John Brown, Pilgrim Fathers of New England, pp. 22-25.

15, The True Confession, Art. 39.

16, "The Seven Articles," of which the following is the text:--

(1) "To ye confession of fayth published in ye name of ye Church of England and to every artikell thereof wee do w'th ye reformed churches wheer wee live & also els where a.s.sent wholly.".

(2) "And as wee do acknowlidg ye doctryne of fayth theer tawght so do wee ye fruites and eff.e.c.kts of ye same docktryne to ye begetting of saving fayth in thousands in ye land (conformistes & reformistes) as ye ar called w'th whom also as w'th our brethren wee do desyer to keepe speirtuall communion in peace and will pracktis in our parts all lawful thinges."

(3) "The King's Majesty wee acknowlidg for Supreme Governor in his dominion in all causes, and over all parsons [persons] and ye none maye decklyne or apeale his authority or judgment in any cause whatsoever, but ye in all thinges obedience is dewe unto him, either active, if ye thing commanded be not against G.o.d's woord, or pa.s.sive yf itt bee, except pardon can bee obtayned."

(4) "Wee judge itt lawfull for his Majesty to apoynt bishops, civill overseers, or officers in awthoryty onder hime in ye severall provinces, dioses, congregations or parishes, to oversee ye churches, and governe them civilly according to ye Lawes of ye Land, uutto whom ye ar in all thinges to geve an account and by them to bee ordered according to G.o.dlyness." (This is not an acknowledgment of spiritual--superiority or authority, only the recognition that as church officers were also magistrates, the king could appoint them as his civil servants.)