CONNECTICUT,
FUNDAMENTAL ORDERS (CONSTITUTION) OF
(January 14, 1639), was the first constitution written in America, establishing a pattern which all others followed, including the United States Constitution.320 It was penned by Roger Ludlow, 1638, after hearing a sermon by Thomas Hooker, the Puritan minister who founded Hartford, Connecticut. So important was this work that Connecticut became known as “The Constitution State.”321
The committee responsible to frame the orders was charged to make the laws:
As near the law of God as they can be.322
On January 14, 1639, the Connecticut towns of Hartford, Wethersfield, and Windsor adopted the constitution, which stated in its Preamble:
Forasmuch as it has pleased the Almighty God by the wise disposition of His divine providence so to order and dispose of things that we the inhabitants and residents of Windsor, Hartford and Wethersfield and now cohabiting and dwelling in and upon the River Connecticut and the lands thereunto adjoining;
and well knowing when a people are gathered together the Word of God requires, that to meinteine the peace and union of such a people, there should bee an orderly and decent government established according to God, to order and dispose of the affairs of all the people at all seasons as occasion shall require;
do therefore associate and conjoin ourselves to be as one public State or Commonwealth, and do, for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into Combination and Confederation together, to meinteine and presearve the libberty and purity of the Gospell of our Lord Jesus which we now professe, as also the discipline of the churches,
Which, according to the truth of the said Gospell, is now practised amongst us; as allso, in our civill affaires to be guided and governed according to such lawes, rules, orders, and decrees. …
I. It is ordered, sentenced and decreed, that there shall be yearly two General Assemblies … wherein shall be yearly chosen from time to time so many Magistrates and other public Officers as shall be found requiste … which being chosen and sworne according to an Oath recorded for that purpose shall have power to administer justice according to the Laws here established, and for want thereof according to the rule of the Word of God. …
The Oath of the Governor: “I, N.W., being now chosen to be Governor within this jurisdiction, for the year ensuing, and until a new be chosen, do swear by the great and dreadful name of the everliving God, to promote the public good and peace of the same, according to the best of my skill; as also will maintain all lawful priviledges of this Commonwealth; as also that all wholesome laws that are or shall be made by lawful authority here established, be duly executed; and will further the execution of Justice according to the rule of God’s Word; so help me God, in the name of the Lord Jesus Christ.”323
In 1639, at Quinipiack (New Haven), Connecticut, the first example of a written constitution, constituting a government and defining its powers, was composed as a distinct organic act. The articles which made up this constitution included:
Article I. That the Scriptures hold forth a perfect rule for the direction and government of all men in all duties which they are to perform to God and men, as well in families and commonwealths as in matters of the church.
Article II. That as in matters which concern the gathering and ordering of a church, so likewise in all public offices which concern civil order,—as the choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like nature,—they would all be governed by those rules which the Scripture held forth to them.
Article III. That all those who had desired to be received free planters had settled in the plantation with a purpose, resolution, and desire that they might be admitted into church fellowship according to Christ.
Article IV. That all the free planters held themselves bound to establish such civil order as might best conduce to the securing of the purity and peace of the ordinance to themselves, and their posterity according to God.324
Following the adoption of the Constitution, Rev. Mr. Davenport solemnly charged the governor of the Colony, quoting from Deuteronomy 1:16–17:
And I charge your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not be afraid of the face of man; for the judgment is God’s: and the cause that is too hard for you, bring it unto me, and I will hear it.325