J41 Constitutions O F onnedlicut n^^ I TOTES and STATISTICS regarding " TOWN REPRESENTATION in the ^eneral Assembly and DOCUMENTS relating to the CONSTITUTIONAL CONVENTION of 1902 i|P Jr m ^v\W Printed by Order of the Comptroller, 1901 K THE THREE Constitutions of Connecticut 1638-9 1662 1818 MESSAGES of the Governor; Rejected Amendments to the Constitution ; Act Calling Constitutional Convention; Proc- lamation of Governor; Roll of Delegates 1901 With NOTES ON TOWN REPRESENTATION By CHARLES J. HOADLY, 1892 AND S^ATIS^ICS REGARDING 'THE SAME Compiled tit COMPTROLLER'S OFFICE IpOI HARTFORD, CONN.: Printed by Order of the Comptroller, 1901 t?artfot& press The Case, Lockwood & Brainard Company 1901 STATE OF CONNECTICUT, COMPTROLLER'S OFFICE, HARTFORD, December, 1901. In view of the interest manifested in the approaching Constitutional Convention, and particularly regarding the question of Town Representation in the General Assem- bly, I have compiled this pamphlet. It contains the three Constitutions of Connecticut, that of 1638-9, of 1662, and of 1818; the messages of His Excellency Governor George P. McLean regarding Constitutional Reform to the General Assembly of 1901 ; the Constitutional Amendments proposed to and rejected by that body, and the Act providing for the Calling of the Constitutional Convention, with the Roll of Dele- gates to the same. I have added the Notes upon Town Representation in the General Assembly, by the late Dr. C. J. Hoadly, State Librarian, reprinted from the State Register of 1892, and a table of Statistics of Town Representation, Population, etc., compiled in this office, which I trust will be found of interest and value. A. CHAMBERLAIN, Comptroller. PUBLICATION No. 3 CONNECTICUT CONSTITUTIONS SERIES 2013361 Contents PAGE I. Fundamental Orders, 1638-9, . . 7 II. Charter of the Colony, 1662, . . 17 III. Constitution of 1818, with Amendments incorporated, .... 33 IV. Extract upon Constitutional Reform from the Message of Governor George P. McLean, to the General Assembly of 1901, ... 57 V. Constitutional Amendments proposed to and rejected by the General Assembly, . . . . 65 VI. Special Message of Governor McLean to the General Assembly upon the calling of a Constitutional Conven- tion, ...... 71 VII. Act Providing for the Calling of a Con- stitutional Convention, passed by the General Assembly, ... 75 VIII. Proclamation of Governor McLean call- ing for Election of Delegates to the Constitutional Convention of 1902, 83 IX. Roll of Delegates to Constitutional Con- vention, as prepared by the Secre- tary, 89 X. Town Representation in the General Assembly, by Dr. C. J. Hoadly, . 99 XI. Statistics of Towns, Representation, Population, Number of Electors, Vote upon Calling Convention, Organization, etc., . . . 109 The First Constitution of Connecticut 1638-9 Printed by Order of the Comptroller Note " The constitutional history of Connecticut properly be- gins with the adoption, on the fourteenth of January, 1638-39, of the * Fundamental Orders,' by which ' the inhabitants and residents of Windsor, Hartford, and Wethersfield ' became ' associated and conjoined to be as one Public State or Com- monwealth/ for the establishment of ' an orderly and decent government, according to God, to order and dispose of the affairs of the people at all seasons as occasion shall require.' ' (Dr. Trumbull's Historical Notes on the Constitutions.) The First Constitution of Connecticut Cfje ' * jf untramental rfcers; ' ' 1 638=9 FORASMUCH as it hath pleased the Almighty God by the wise disposition of his divine providence so to order and dispose of things that we the Inhabi- tants and Residents of Windsor, Hartford, and Wethersfield are now cohabiting and dwelling in and upon the River of Connectecotte and the lands there- unto adjoining; and well knowing where a people are gath- ered together the word of God requires that to maintain the peace and union of such a people there should be an orderly and decent Government established according to God, to order and dispose of the affairs of 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 ad- joined to us at any time hereafter, enter into Combination and Confederation together, to maintain and preserve the liberty and purity of the Gospel of our Lord Jesus which we now profess, as also the discipline of the Churches, which ac- cording to the truth of the said Gospel is now practiced amongst us ; as also in our Civil Affairs to be guided and governed according to such Laws, Rules, Orders, and De- crees as shall be made, ordered, and decreed, as followeth : i. It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts, the one the sec- ond Thursday in April, the other the second Thursday in September following; the first shall be called the Court of Election, wherein shall be yearly chosen from time to time 12 THE FIRST CONSTITUTION OF CONNECTICUT. so many Magistrates and other public Officers as shall be found requisite : Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Mag- istrate to be chosen for more than one year; provided always, there be six chosen besides the Governor, which being chosen and sworn 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 ; which choice shall be made by all that are admitted freemen and have taken the Oath of Fidelity, and do cohabit within this Jurisdiction (having been admitted Inhabitants by the major part of the Town wherein they live)* or the major part of such as shall be then present. 2. It is Ordered, sentenced, and decreed, that the Elec- tion of the aforesaid Magistrates shall be on this manner: every person present and qualified for choice shall bring in (to the persons deputed to receive them) one single paper with the name of him written in it whom he desires to have Governor, and he that hath the greatest number of papers shall be Governor for that year. And the rest of the Magis- trates or public Officers to be chosen in this manner : the Sec- retary for the time being shall first read the names of all that are to be put to choice and then shall severally nominate them distinctly, and every one that would have the person nomi- nated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank : and every one that hath more written papers than blanks shall be a Magistrate for that year ; which papers shall be received and told by one or more that shall be then chosen by the court and sworn to be faithful therein ; but in case there should not be six chosen as aforesaid, besides the Governor, out of those which are nominated, then he or they which have the most written papers shall be a Magistrate or Magistrates for the ensuing year, to make up the aforesaid number. 3. It is Ordered, sentenced, and decreed, that the Secre- *This clause was interlined in a different handwriting, and is of a later date. It was adopted by the General Court of November, 1643. THE FIRST CONSTITUTION OF CONNECTICUT. I3 tary shall not nominate any person, nor shall any person be chosen newly into the Magistracy, which was not propounded in some General Court before, to be nominated the next Elec- tion ; and to that end it shall be lawful for each of the Towns aforesaid by their deputies to nominate any two whom they conceive fit to be put to election ; and the Court may add so many more as they judge requisite. 4. It is Ordered, sentenced, and decreed, that no person be chosen Governor above once in two years, and that the Governor be always a member of some approved congrega- tion, and formerly of the Magistracy within this Jurisdiction ; and all the Magistrates, Freemen of this Commonwealth : and that no Magistrate or other public officer shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence by some deputed for that purpose. 5. It is Ordered, sentenced, and decreed, that to the afore- said Court of Election the several Towns shall send their deputies, and when the Elections are ended they may pro- ceed in any public service as at other Courts. Also the other General Court in September shall be for making of laws, and any other public occasion, which concerns the good of the Commonwealth. 6. It is Ordered, sentenced, and decreed, that the Gov- ernor shall, either by himself or by the secretary, send out summons to the constables of every Town for the calling of these two standing Courts, one month at least before their several times : And also if the Governor and the greatest part of the Magistrates see cause upon any special occasion to call a General Court, they may give order to the Secretary so to do within fourteen days' warning : and if urgent neces- sity so require, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same ; And if the Governor and major part of Magistrates shall either neglect or refuse to call the two General standing Courts or either of them, as also at other times when the occasions of the Commonwealth require, the I 4 THE FIRST CONSTITUTION OF CONNECTICUT. Freemen thereof, or the major part of them, shall petition to them so to do ; if then it be either denied or neglected, the said Freemen, or the major part of them, shall have power to give order to the Constables of the several Towns to do the same, and so may meet together, and choose to them- selves a Moderator, and may proceed to do any act of power which any other General Court may. 7. It is Ordered, sentenced, and decreed, that after there are warrants given out for any of the said General Courts, the Constable or Constables of each Town shall forthwith give notice distinctly to the inhabitants of the same, in some pub- lic assembly or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together to elect and choose certain deputies to be at the General Court then following to agitate the affairs of the Commonwealth; which said deputies shall be chosen by all that are admitted Inhabitants in the several Towns and have taken the oath of fidelity ; provided that none be chosen a Deputy for any General Court which is not a Freeman of this Commonwealth. The aforesaid deputies shall be chosen in manner follow- ing: every person that is present and qualified as before ex- pressed, shall bring the names of such, written in several papers, as they desire to have chosen for that employment, and these three or four, more or less, being the number agreed on to be chosen for that time, that have greatest number of papers written for them shall be deputies for that Court; whose names shall be endorsed on the back side of the war- rant and returned into the Court, with the constable or con- stables' hand unto the same. 8. It is Ordered, sentenced, and decreed, that Windsor, Hartford, and Wethersfield shall have power, each Town, to send four of their Freemen as their deputies to every General Court ; and whatsoever other Towns shall be hereafter added to this Jurisdiction, they shall send so many deputies as the Court shall judge meet, a reasonable proportion to the num- ber of Freemen that are in the said Towns being to be at- THE FIRST CONSTITUTION OF CONNECTICUT. I5 tended therein; which deputies shall have the power of the whole Town to give their votes and allowance to all such laws and orders as may be for the public good, and unto which the said towns are to be bound. 9. It is Ordered and decreed, that the deputies thus chosen shall have power and liberty to appoint a time and a place of meeting together before any General Court, to advise and consult of all such things as may concern the good of the public, as also to examine their own Elections, whether ac- cording to the order, and if they or the greatest part of them find any election to be illegal they may seclude such for pres- ent from their meeting, and return the same and their rea- sons to the Court ; and if it prove true, the Court may fine the party or parties so intruding, and the Town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole. Also the said deputies shall have power to fine any that shall be disorderly at their meetings, or for not coming in due time or place according to appoint- ment; and they may return the said fines into the Court if it be refused to be paid, and the Treasurer to take notice of it, and to escheat or levy the same as he does other fines. 10. It is Ordered, sentenced, and decreed, that every General Court, except such as through neglect of the Gov- ernor and the greatest part of Magistrates the Freemen them- selves do call, shall consist of the Governor, or some one chosen to moderate the Court, and four other Magistrates at least, with the major part of the deputies of the several Towns legally chosen; and in case the Freemen, or major part of them, through neglect or refusal of the Governor and major part of the magistrates, shall call a Court, it shall consist of the major part of Freemen that are present or their deputies, with a Moderator chosen by them : In which said General Courts shall consist the supreme power of the Common- wealth, and they only shall have power to make laws or repeal them, to grant levies, to admit of Freemen, dispose of lands undisposed of, to several Towns or persons, and also shall have power to call either court or Magistrate or any other !6 THE FIRST CONSTITUTION OF CONNECTICUT. person whatsoever into question for any misdemeanor, and may for just causes displace or deal otherwise according to the nature of the offence; and also may deal in any other matter that concerns the good of this Commonwealth, except election of Magistrates, which shall be done by the whole body of Freemen. In which Court the Governor or Moderator shall have power to order the Court, to give liberty of speech, and si- lence unseasonable and disorderly speakings, to put all things to vote, and in case the vote be equal to have the casting vote. But none of these Courts shall be adjourned or dissolved without the consent of the major part of the Court. ii. It is Ordered, sentenced, and decreed, that when any General Court upon the occasions of the Commonwealth have agreed upon any sum or sums of money to be levied upon the several Towns within this Jurisdiction, that a committee be chosen to set out and appoint what shall be the proportion of every Town to pay of the said levy, provided the committee be made up of an equal number out of each Town. I4th January, 1638 [N. S., 24th January, 1639], the n Orders abovesaid are voted. CHARTER o f t h e Colony of Connecticut 1662 Printed by Order of the Comptroller Note [On the I4th of March, 1661, the General Court of Connecticut voted to petition the king for the continuance and confirmation of such privi- leges and liberties as were necessary for the comfortable and peaceable settlement of the Colony. Governor Winthrop was requested to act as the agent for the Colony. He sailed from New York in July, 1661. The letter of credit for 500 sterling, which he took with him, may be seen in the State Library. The amount was paid in wheat and pease. He succeeded in procuring a very liberal charter, which bears date April 23d, 1662. The charter was made in duplicate and sent in different^ ships. The duplicate probably arrived first, and was received in Connecticut in September, 1662. There are some trifling verbal differences between them, not, however, affecting the sense. In 1687 it became evident that the Colony was likely to be deprived of the charter, and measures were taken accordingly. There is a very curious entry on the Colonial Records in June 1687, of the production of the (original) charter in court, and of its being left on the table with the key in the box at the adjournment of the Court, with no one re- sponsible for its safety, the committee which had been appointed to keep it being discharged by their surrendry of it to the Court. Perhaps it was at this time that the charter was quietly taken by Nathaniel Stanly and John Talcott, and concealed in the famous oak. On the 3ist of October, 1687, Sir Edmund Andros came to Hartford to receive the surrender of the charter. The Assembly met and sat late at night. The duplicate charter was brought forth and placed on the table. Suddenly the lights were extinguished, and Captain Joseph Wadsworth carried off and concealed the duplicate, which he retained until 1715, when the Assembly made him a grant for his good service in the .matter. The one more highly ornamented than the other, now hangs in the Secretary's office. What remains of the second copy may be seen in the rooms of the Connecticut Historical Society at Hartford. How it was saved from being cut up to make the foundation of a bonnet is told in a note in Vol. 4 of the Colonial Records. The charter continued to be the basis of our government until it was superseded by the constitution of 1818. C. J. Hoadly.] [STATE LIBRARY, Aug. 1900.] Charter of 1662 Cfoarles tbe Seconfc, Bp tbe orace of God, King of England, Scotland, France and Ireland, defender of the Faith, &c.; Uo all to whome theis prefents fliall come, Greetinge: Mbereas, by the feverall Nav- igacons, difcoveryes and fucceffful Plantacons of diverfe of our loveing Subjects of this our Realme of England, Severall Lands, Illands, Places, Colonies and Plantacons have byn obtayned and setled in that parte of the Con- tinent of America called New England, and thereby the Trade and Comerce there hath byn of late yeares much increased, Hut) IKHbereas, wee have byn informed by the humble Peticon of our Trusty and welbeloved John Winthrop, John Mafon, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolicott. John Talcott, Daniell Clerke, John Ogden, Thomas Wells, Obedias Brewen, John Clerke, Anthony Haukins, John Deming and Mathew Camfeild, being Perions Principally interested in our Colony or Plantacon of Conedttcutt in New England, that the fame Colony or the greatert parte thereof was purchafed and obteyned for greate and valuable Confideracons, And tome other part thereof gained by Conqueil and with much difficulty, and att the onely endeavours, expence and Charge of them and their Aflbciates, and thofe vnder whome they Clayme, Subdued and improved, and thereby become a confider- 20 CHARTER OF 1662. able enlaigement and addicon of our Dominions and in- tereft there, HOW Kmow ^ea, that in confideracon there- of, and in regard the laid Colony is remote from other the English Plantacons in the Places aforefaid, And to the end the Affaires and Bufines which {hall from tyme to tyme happen or arife concerning the fame may bee duely Ordered and mannaged, IHHee bave thought fitt, and att the humble Peticon of the Perfons aforesaid, and are graciously pleafed to Create and Make them a Body Pollitique and Corporate, with the powers and Priviledges herein after menconed ; And accordingly Our will and pleafure is, and of our efpeciall grace, certeine knowledge and meere mocon, WCC bavc Ordeyned, Constituted and Declared, And by theis prelents, for vs, our heires and Succeffors, IDOC Ordeine, Conftitute and Declare That they, the said John Winthrop, John Mafon, Sam- uell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woollcot, John Talcot, Daniell Clerke, John Ogden, Thomas Wells, Obadiah Brewen, John Clerke, Anthony Hawkins, John Denning and Mathew Camfeild, and all fuch others as now are or hereafter (hall bee Admitted and made free of the Company and Society of our Collony of Connecticut in America, (hall from tyme to tyme and for ever hereafter, bee one Body Corporate and Pollitique in fact and name, by the Name of Governour and Company of the English Collony of Cone&icut in New England in America; And that by the fame name they and their Succeffors (hall and may have perpetuall Succeffion, and fhall and may bee Perfons able and Cap- able in the law to Plead and bee Impleaded, to Anfwere and to bee Anfwered vnto, to Defend and bee Defended in all and iinguler Suits, Caufes, quarrelles, Matters, Accons and things of what kind or nature foever, And CHARTER OF 1662. 21 alloe to have, take, poflefle, acquire and purchafe lands, Tenements or hereditaments, or any goods or Chattells, and the fame to Leafe, Graunt, Demife, Alien, bargaine, Sell and difpofe of, as other our leige People of this our Realme of England, or any other Corporacon or Body Pollitique within the fame may lawfully doe. HttO furtber, that the faid Governour and Company, and their SuccefTors (hall and may for ever hereafter have a Comon Scale to ferve and vfe for all Caufes, matters, things and affaires, whatsoever of them and their Suc- ceffors, and the lame Scale to alter, change, breake and make new from tyme to tyme att their wills and pleafures, as they (hall thinke fitt. Hilt) further, we will and Ordeine, and by theis prefents for vs, our heires and Succeflbrs 2)06 Declare and appoint, that for the better ordering and manageing of the affaires and bufinefle of the said Company and their SuccefTors, there shall bee one Governour, one Deputy Governour and Twelve Affitt- ants, to bee from tyme to tyme Conftituted, Elected and Chofen out of the Freemen of the faid Company for the tyme being, in fuch manner and forme as hereafter in thefe prefents is expreffed; which faid Officers (hall apply themfelves to take care for the beft difpoieing and Ordering of the Generall bufines and affaires of and con- cerning the lands and hereditaments herein after menconed to bee graunted, and the Plantacon thereof and the Government of the People thereof. And for the better execucon of our Royall Pleafure herein, WC OOC for vs, our heires and Succeflbrs, Afligne, name, Conftitute and appoint the aforefaid John Winthrop to bee the firrt and prefent Governour of the faid Company; And the faid John Mafon to bee the Deputy Governour; And the faid Samuell Willis, Mathew Allen, Nathan Gold, Henry Clerke, Richard Treate, John Ogden, Thomas Tappen, 22 CHARTER OF 1662. John Talcott, Thomas Wells, Henry Woolcot, Richard Lord and Daniell Clerke to bee the Twelve prefent Affiftunts of the laid Company; to contynue in the faid feverall Offices refpedively, vntill the fecond Thurfday which {hall bee in the moneth of Odober now next comeing. Hn& further, we will, and by theis prefents for vs, our heires and Succeffors, 2>oe Ordaine and Graunt that the Governour of the faid Company for the tyme being, or, in his abfence by occafion of iicknes, or otherwife by his leave or permiffion, the Deputy Gov- ernour for the tyme being, (hall and may from tyme to tyme vpon all occanons give Order for the aflfembling of the faid Company and calling them together to Confult and advife of the bufineffe and Affaires of the faid Com- pany, And that for ever hereafter, Twice in every yeare, That is to fay on every Second Thurfday in October and on every Second Thurfday in May, or oftener, in Case it fhall bee requifite, The Affiftants and freemen of the laid Company, or fuch of them, not exceeding twoe Perfons from each Place, Towne or Citty, whoe ihall bee from tyme to tyme therevnto Elected or Deputed by the maior parte of the freemen of the refpe6tive Townes, Cittyes and Places for which they (hall bee foe ele&ed or Deputed, (hall have a generall meeting or Affembly, then and their to Confult and advife in and about the Affaires and bunnefle of the faid Company; And that the Gov- ernour, or in his abfence the Deputy Governour of the faid Company for the tyme being, and fuch of the Affiftants and freemen of the faid Company as Ihall be foe Elected or Deputed and bee prefent att fuch meeting or Affembly, or the greateft number of them, whereof the Governour or Deputy Governour and Six of the Affift- ants at leaft, to bee Seaven, ihall bee called the Generall Aflembly, and fhall have full power and authority to CHARTER OF 1662. 23 alter and change their dayes and tymes of meeting or Generall Affemblies for Eleding the Governour, Deputy Governour and Afliftants or other Officers or any other Courts, Affemblies or meetings, and to Choofe, Nominate and appoint fuch and foe many other Perfons as they (hall thinke fitt and (hall bee willing to accept the fame, to be free of the faid Company and Body Politique, and them into the fame to Ad mitt and to Eleft, and Conftitute such Officers as they fhall thinke fitt and requifite for the Ordering, mannageing and disposeing of the Affaires of the faid Governour and Company and their Succeffors. Hn> wee t>oe hereby for vs, our heires and Succeffors, Eftablifh and Ordeine, that once in the yeare for ever hereafter, namely, the faid Second Thurfday in May, the Governour, Deputy Governour, and Affiftants of the faid Company and other Officers of the faid Company, or fuch of them as the faid Generall Affembly fhall thinke fitt, fhall bee in the faid Generall Court and Affembly to bee held from that day or tyme newly Chofen for the yeare enfuing, by fuch greater part of the laid Company for the tyme being then and there prefent. And if the Governour, Deputy Governour and Affiftants by thefe prefents appointed, or fuch as hereafter bee newly Chofen into their Roomes, or any of them, or any other the Officers to bee appointed for the faid Company fliall dye or bee removed from his or their severall Offices or Places before the faid Generall day of Eleccon, whome wee doe hereby Declare for any mifdemeanour or default to bee removeable by the Governour, Affiftants and Company, or fuch greater part of them in any of the faid publique Courts to bee Affembled as is aforefaid, That then and in every fuch Cafe itt fhall and may bee lawfull to and for the Governour, Deputy Governour and Affiftants and Company aforefaid, or fuch greater parte of them soe to 2 4 CHARTER OF 1662. bee Aflembled as is aforesaid in any of their Aflemblies to Proceede to a New Eleccon of one or more of their Company in the Roome or Place, Roomes or Places of fuch Governour, Deputy Governour, Afliftant or other Officer or Officers soe dyeing or removed, according to their difcretions; and immediately vpon and after fuch Eleccon or Eleccons made of fuch Governour, Deputy Governour, Affiftant or Affiftants, or any other Officer of the faid Company in manner and forme aforefaid, The Authority, Office and Power before given to the former Governour, Deputy Governour or other Officer and Officers soe removed, in whofe ftead and Place new fhall be chofen, (hall as to him and them and every of them respectively ceafe and determine. {prox>ifcct>, alfo, and our will and pleafure is, That as well fuch as are by theis prefents appointed to bee the prefent Governour, Deputy Governour and Affiftants of the faid Company as thofe that sha11 fucceed them, and all other Officers to bee appointed and Chofen as aforefaid, fhall, before they vndertake the Execucon of their faid Offices and Places refpeftively, take their feverall and refpeftive Corporall Oathes for the due and faithful performance of their dutyes in their feverall Offices and Places, before fuch Perfon or Perfons as are by thefe Prefents hereafter appoynted to take and receive the fame; That is to fay the faid John Winthrop, whoe is herein before nominated and appointed the prefent Governour of the faid Com- pany, fhall take the faid Oath before one or more of the Mafters of our Court of Chancery for the tyme being, vnto which Master of Chancery wee fcoe, by theis pref- ents, give full power and authority to Adminifter the laid Oath to the faid John Winthrop accordingly. And the faid John Mafon, whoe is herein before nominated and duely appointed the prefent Deputy Governour of the CHARTER OF 1662. 25 laid Company, fhall take the {"aid Oath before the faid John Winthrop, or any twoe of the Affiftants of the laid Company, vnto whome wee fcoe by thefe prefents, give full power and authority to Adminifter the faid Oath to the faid John Mafon accordingly. Hnt) the faid Samuell Willis, Henry Clerk e, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolcott, John Talcott, Daniell Clerke, John Ogden and Thomas Welles, whoe are herein before Nominated and appointed the prefent Affiftants of the faid Company, fhall take the Oath before the faid John Winthrop and John Mafon, or one of them, to whome wee >OC hereby give full power and authority to Adminifter the fame accordingly. HuD our further will and pleafure is, that all and every Governour or Deputy Governour to bee Eleded and Chofen by vertue of theis prefents, shall take the faid Oath before two or more of the Affiftants of the faid Company for the tyme being, vnto whom wee doe, by theis prefents, give full power and authority to give and Adminifter the said Oath accordingly. And the faid Affiftants and every of them, and all and every other Officer or Officers to bee hereafter Chofen from tyme to tyme, to take the faid Oath before the Governour or Deputy Governour for the tyme being, vnto which faid Governour or Deputy Governour wee doe, by theis pref- ents, give full power and authority to Adminifter the fame accordingly. Hub furtbet, of our more ample grace, certeine knowledge and meere mocon wee bave given and Graunted, and by theis prefents, for vs. our heires and Succeffors, H)oe give and Graunt vnto the faid Governour and Company of the English Colony of Co- nedicut in New England in America, and to every In- habitant there, and to every Perfon and Perfons Trading thither, And to every fuch Perfon and Perfons as are or 26 CHARTER OF 1662. lhall bee free of the faid Collony, full power and author- ity from tyme to tyme and att all tymes hereafter, to take, Ship, Tranfport and Carry away, for and towards the Plantacon and defence of the faid Collony fuch of our loveing Subjects and Strangers as (hall or will willingly accompany them in and to their faid Collony and Planta con ; (Except such Perfon and Perfons as are or fhall bee therein reftrayned by vs, our heires and Succeflbrs ;) And alfoe to Ship and Tranfport all and all manner of goods, Chattells, Merchandizes and other things whatfoever that are or fhall bee vsefull or neceflary for the Inhabitants of the faid Collony and may lawfully bee Tranfported thither ; Neverthelefle, not to bee difcharged of payment to vs, our heires and Succeflbrs, of the Dutyes, Cuftomes and Subfidies which are or ought to bee paid or payable for the same. But) furtber, Our will and pleafure is, and wee fcoe for vs, our heires and Succeflbrs, Ordeyne, De- clare and Graunt vnto the faid Governor and Company and their Succeflbrs, That all and every the Subiefts ot vs, our heires or Succeflbrs which (hall goe to Inhabite within the said Colony, and every of their Children which fhall happen to bee borne there or on the Sea in goeing thither or returneing from thence, fhall have and enioye all liberties and Immunities of free and naturall Subiedis within any the Dominions of vs, our heires or Succeflbrs, to all intents, Conftruccons and purpofes whatfoever, as if they and every of them were borne within the Realme of England. Silt) wee fcoe authorife and impower the Governour, or in his abfence the Deputy Governor for the tyme being, to appointe two or more of the faid affiftants att any of their Courts or Aflemblyes to bee held as aforefaid, to have power and authority to Admin- ifter the Oath of Supremacy and obedience to all and every Perfon and Perions which fhall att any tyme or CHARTER OF 1662. 27 tymes hereafter goe or paffe into the faid Colony of Co- ne&icut, vnto which faid Afilftants foe to be appointed as aforefaid, Wee boe, by thefe prefents, give full power and authority to Adminifter the faid Oath accordingly. Hn& Wee fcoe furtber, of our especiall grace, certeine knowledge and meere mocon, give and Graunt vnto the faid Governor and Company of the English Colony of Cone6ticutt in New England in America, and their Succeffors, that itt (hall and may bee lawfull to and for the Governor or Deputy Governor and fuch of the Affift- ants of the faid Company for the tyme being as (hall bee Affembled in any of the General Courts aforefaid, or in any Courts to bee efpecially Sumoned or Affembled for that purpofe, or the greater parte of them, whereof the Governor or Deputy Governor and Six of the Affiftants, (to be all wayes Seaven,) to Ere6t and make fuch Judi- catories for the heareing and Determining of all Accons, Causes, matters and thinges happening within the faid Colony or Plantacon and which (hall bee in difpute and depending there, as they (hall thinke fitt and convenient ; And alfoe from tyme to tyme to Make, Orduine and Eftablifli All manner of wholfome and reafonable Lawes, Statutes, Ordinances, Direccons and Inftruccons, not con- trary to the lawes of this Realme of England, afwell for fetling the formes and Ceremonies of Government and Mageftracy fitt and neceffary for the faid Plantacon and the Inhabitants there as for nameing and Stileing all forts of Officers, both fuperior and inferior, which they (hall find needfull for the Government and Plantacon of the faid Colony, and the diftinguifliing and setting forth of the severall Dutyes, Powers and Lymitts of every fuch Office and Place, and the formes of fuch Oaths, not being contrary to the Lawes and Statutes of this our Realme of England, to bee Adminiftred for the Execucon of the 2 8 CHARTER OF 1662. faid feverall Offices and Places; As alfoe for the dispofe- ing and Ordering of the Eleccon of inch of the faid Officers as are to bee Annually Chosen, and of fuch others as (hall fucceed in cafe of death or removall, and Ad- miniftring the faid Oath to the new Eleded Officers, and Graunting neceflary Comiffions, and for impoficon of lawfull Fines, Mulfts, Imprifonment or other Puniftiment vpon Offenders and Delinquents, according to the Courfe of other Corporacons within this our Kingdome of Eng- land, and the fame Lawes, fines, Mul6ts and Execucons to alter, change, revoke, adnull, releafe or Pardon, vnder their Comon Scale, As by the faid Generall Affembly or the maior part of them (hall bee thought fitt ; And for the directing, ruleing and difpofeing of all other matters and things whereby our faid people, Inhabitants thare, may bee soe religioufly, peaceably and civilly Governed as their good life and orderly Converfacon may wynn and invite the Natives of the Country to the knowledge and obedience of the onely true God and Saviour of mankind and the Chriftian faith, which in our Royal intencons and the Adventurers free profeffion is the onely and principall end of this Plantacon; WUUiUCJ, Commanding and requireing, and by thefe prefents, for vs, our heires and Succeflbrs, Ordaineing and appointeing That all fuch Lawes, Statutes and Ordinances, Inftruccons, Impoficons, and Direccons as ftiall bee foe made by the Governor, Deputy Governor, and Affiftants, as aforefaid, and pub- liftied in writeing vnder their Comon Scale, ftiall care- fully and duely bee obferved, kept, performed and putt in execucon, according to the true intent and meaning of the fame. Bnfc thefe our letters Patent, or the Duplicate or Exempli ficacon thereof, ftiall bee to all and every fuch Officers, Superiors and inferiors, from tyme to tyme for the Putting of the same Orders, Lawes, Statutes, Ordi- CHARTER OF 1662. 2 Q nances, Instructions and Direccons in due Execucon, againft vs, our heires and Succeffors, a fufficient warrant and dif- charge. Hnt> WCC fcoe furtber, for vs, our heires and Succeffors, give and Graunt vnto the laid Governor and Company and their Succeffors, by thefe prefents, That itt (hall and may bee lawfull to and for the Cheife Com- manders, Governors and Officers of the faid Company for the tyme being whoe (hall bee refident in the parts of New England hereafter menconed, and others inhabiting there by their leave, admittance, appointment or direccon, from tyme to tyme and att all tymes hereafter, for their fpeciall defence and fafety, to Affemble, Martiall, Array, and putt in Warlike pofture the Inhabitants of the faid Colony, and to Commiflionate, Impower and authorife fuch Perfon or Perfons as they lhall thinke fitt to lead and Condu6t the faid Inhabitants, and to encounter, ex- pulfe, repell and relift by force of Armes, as well by Sea as by land, And alfoe to kill, Slay and deftroy, by all fitting wayes, enterprizes and means whatfoever, all and every fuch Perfon or Perfons as fliall att any tyme here- after Attempt or enterprize the deftruccon, invanon, det- riment or annoyance of the laid Inhabitants or Plantacon, And to vse and exercife the Law Martiall in fuch Cafes onely as occaffion fliall require, And to take or furprize by all wayes and means whatfoever, all and every fuch Perfon and Perfons, with their Shipps, Armour, Ammu- nicon, and other goods of fuch as fliall in fuch hoftile manner invade or attempt the defeai/ng of the faid Plan- tacon or the hurt of the faid Company and Inhabitants ; and vpon iust Caufes to invade and deftroy the Natives or other Enemyes of the faid Colony. 1ReY>ertbeles0, Our Will and pleafure is, And WCC &OC hereby Declare vnto all Chriftian Kings, Princes and States, That if any Perfons which (hall hereafter bee of the faid Company or 30 CHARTER OF 1662. Plantacon, or any other, by appointment of the faid Gov- ernor and Company for the tyme being, (hall att any tyme or tymes hereafter Robb or Spoile by Sea or by land, and doe any hurt, violence or vnlawfull hostillity to any of the Subie&s of vs, our heires or Succeffors, or any of the Subiects of any Prince or State beinge then in league with vs, our heires or Succeflbrs, vpon Complaint of fuch iniury done to any fuch Prince or State, or their Subieds, wee, our heires and Succeffors, will make open Proclamacon within any parts of our Realme of England fitt for that purpole, That the Perfon or Perlons commit- inge any fuch Robbery or Spoile, (hall within the tyme lymitted by fuch Proclamacon, make full retlitucon or fatiffaccon of all fuch iniuries done or committed, Soe as the faid Prince or others foe complayneing may bee fully fatiffied and contented. And if the faid Perfon or Per- fons whoe fhall committ any fuch Robbery or Spoile fliall not make fatiffaccon accordingly, within fuch tyme foe to bee limitted, That then itt fhall and may bee law- full for vs, our heires and Succeffors, to putt fuch Perfon or Perfons out of our Allegiance and Proteccon. And that it fliall and may bee lawfull and free for all Princes or others to Profecute with holtility fuch Offenders and every of them, their and every of their Procurers, ayders, Abettors and Councellors in that behalfe. alfoe, and our expreffe will and pleafure is, Hnfc wee by thefe prefents for vs, our heires and Succeffors, Ordeyne and appointe that thefe prefents fhall not in any manner hinder any of our loveing Subiects whatfoever to vfe and exercife the Trade of Fifhinge vpon the Coart of New England in America, but they and every or any of them fhall have full and free power and liberty to contynue and vfe the faid Trade of Fifhing vpon the faid Coast, in any of the Seas therevnto adioyning, or any Armes of the CHARTER OF 1662. 3r Seas or Salt Water Rivers where they have byn accuf- tomed to Fifti, And to build and sett vpon the wast land belonging to the faid Colony of Conecticutt, fuch Wharfes, Stages and workehoufes as (hall bee neceffary for the Salting, dryeing and keepeing of their Fifh to bee taken or gotten vpon that Coast, any thinge in thefe prefents conteyned to the contrary notwithftanding. HnD feUOWe pee f urtber, That Wee, of our more abund- ant grace, certaine knowledge and meere mocon bave given, Graunted and Confirmed, And by theis prefents for vs, our heires and Succeffors, 2Doe give, Graunt and Confirme vnto the faid Governor and Company and their Succeffors, Hll that parte of our Dominions in Newe Eng- land in America bounded on the East by Norrogancett River, comonly called Norrogancett Bay, where the laid River falleth into the Sea, and on the North by the lyne of the Maffachufetts Plantacon and on the South by the Sea, and in longitude as the lyne of the Maffachufetts Colony, runinge from Eaft to Weft; that is to fay, from the faid Narrogancett Bay on the Eaft to the South Sea on the Weft parte, with the Iflands therevnto adioyneinge, Together with all firrne lands, Soyles, Grounds, Havens, Ports, Rivers, Waters, Fifhings, Mynes, Myneralls, Pre- cious Stones, Quarries, and all and iinguler other Como- dities, lurifdiccons, Royalties, Priviledges, Francheses, Preheminences, and hereditaments whatsoever within the faid Trad, Bounds, lands and Iflands aforefaid, or to them or any of them belonging, Uo ba\>e ano to bolo the fame vnto the faid Governor and Company, their Succeffors and Aflignes, for ever vpon Truft and for the vfe and benefitt of themfelves and their Affociates. freemen of the faid Colony, their heires and Aflignes, TTO bee bolfcen of vs, our heires and Succeffors, as of our Manor of East Greene- wich, in Free and Comon Soccage, and not in Capite nor CHARTER OF 1662. by Knights Service, H>eil&flt(J ano pea^inge therefore to vs, our heires and Succeflbrs. onely the Fifth parte of all the Oare of Gold and Silver which from tyme to tyme and att all tymes hereafter fhall bee there gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds whatfoever, to bee to vs, our heires or Succeflbrs, there- fore or thereout rendered, made or paid. Bufc lastly, Wee doe for vs, our heires, and Succeflbrs, Graunt to the faid Governor and Company and their Succeflbrs, by thefe prefents, that thefe our Letters Patent lhall bee firme, good and effectual! in the lawe to all intents, Conftruccons and purpofes whatfoever, accordinge to our true intent and meaneing herein before Declared, as fhall bee Con- ftrued, reputed and adiudged moft favourable on the behalfe and for the beft benefitt and behoofe of the faid Governor and Company and their Succeflbrs, BltbOUQb ejpreSBC mention of the true yearely value of certeinty of the premifes, or of any of them, or of any other Guilts or Graunts by vs or by any of our Progenitors or Pred- eceflbrs heretofore made to the faid Governor and Com- pany of the Englifh Colony of Cone&icutt in New Eng- land in America afbrefaid in theis prefents is not made, or any Statute, Act, Ordinance, Provifion, Proclamacon or Reftriccon heretofore had, made, Enacted, Ordeyned or Provided, or any other matter, Cause or thinge whatfo- ever to the contrary thereof in any wife notwithstanding. f n Witnes whereof, we have caufed thefe our Letters to bee made Patent; Wftnes our Selfe, att Weftminfter, the three and Twentieth day of Aprill, in the Fowerteenth yeare of our Reigne. By writt of Privy Scale. Tbe Constitution of Connecticut INCLUDING all AMENDMENTS to date and excluding such parts as are not now in force, being the COtlfittttlttOtt as it now exists in legal effecl: and with its original language and arrangement \f fcjj the HON. LEWIS SPERRY Printed by Order of the Comptroller STATE OF CONNECTICUT, COMPTROLLER'S OFFICE, HARTFORD, December, 1901. For the convenience of the delegates to the Con- stitutional Convention of 1902, and all interested in the study of the present Constitution, I have printed this compilation. Originally prepared by the Hon. Lewis Sperry, of Hartford, at the request of Ex-Governor Morgan G. Bulkeley, it is now reprinted from his last edition by his permission. " So much of the original Constitution and amend- ments as has become obsolete, either by subsequent amendment or by limitation, has been stricken out. The amendments still in force have been written into the Con- stitution, in their proper places, and the original language of the Constitution, including even capitals and punctua- tion, has been preserved as far as possible ; so that the draft herewith presented is the Constitution of Connecticut not only in legal effect but in its exact form as it now exists." A. CHAMBERLAIN, Comptroller. The Constitution of Conne&icut. PREAMBLE. THE people of Connecticut acknowledging with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to de- fine, secure, and perpetuate the liberties, rights and privi- leges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and estab- lish the following Constitution, and form of civil government. Article f trjtt, DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established, 2Declare, SECT. i. That all men when they form a social compact, are equal in right^ and that no man or set of men are en- titled to exclusive public emoluments or privileges from the community. SECT. 2.. That all political power is inherent in the peo- ple, and all free governments are founded on their authority, and instituted 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. 38 CONSTITUTION OF CONNECTICUT. SECT. 3. The exercise and enjoyment of religious pro- fession 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 ex- cuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State. SECT. 4. No preference shall be given by law to any Christian sect or mode of worship. SECT. 5. Every citizen may freely speak, write and pub- lish his sentiments on all subjects, being responsible for the abuse of that liberty. SECT. 6. No law shall ever be passed to curtail or re- strain the liberty of speech or of the press. SECT. 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 di- rection of the court. SECT. 8. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. SECT. 9. In all criminal prosecutions, the accused shall have the right to be heard by himself and by counsel ; to de- mand the nature and cause of the accusation ; to be con- fronted by the witnesses against him; to have compulsory process to obtain witnesses in his favour; and in all prose- cutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evi- dence against himself, nor be deprived of life, liberty, or property, but by due process of law. And no person shall be holden to answer for any crime, the punishment of which CONSTITUTION OF CONNECTICUT. 39 may be death or imprisonment for life, unless on a present- ment or indictment of a grand jury; except in the land or naval forces, or in the militia when in actual service in time of war, or public danger. SECT. 10. No person shall be arrested, detained or pun- ished, except in cases clearly warranted by law. SECT. ii. The property of no person shall be taken for public use, without just compensation therefor. SECT. 12. All courts shall be open, and every person, for any injury done to him in his person, property or repu- tation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. SECT. 13. Excessive bail shall not be required, nor ex- cessive fines imposed. SECT. 14. All prisoners shall, before conviction, be bail- able by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great ; and the privi- leges of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it ; nor in any case, but by the legislature. SECT. 15. No person shall be attainted of treason or felony, by the legislature. SECT. 1 6. The citizens have a right, in a peaceable man- ner, to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance. SECT. 17. Every citizen has a right to bear arms in de- fence of himself and the State. SECT. 18. The military shall, in all cases, and at all times, be in strict subordination to the civil power. 40 CONSTITUTION OF CONNECTICUT. SECT. 19. No soldier shall, in 'time of peace, be quar- tered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. SECT. 20. No hereditary emoluments, privileges, or honors, shall ever be granted, or conferred, in this State. SECT. 21. The right of trial by jury shall remain in- violate. Article OF THE DISTRIBUTION OF POWERS. The powers of government shall be divided into three distinct departments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another ; and those which are judicial, to another. Article f>ir&. OF THE LEGISLATIVE DEPARTMENT. SECT. i. The legislative power of this State shall be vested in two distinct houses or branches; the one to be styled THE SENATE, the other THE HOUSE OF REPRESENTA- TIVES, and both together THE GENERAL ASSEMBLY. The style of their laws shall be, Be it enacted by the Senate and House of Representatives in General Assembly convened. SECT. 2. There shall be a stated session of the General Assembly to be holden at Hartford biennially on the Wednes- day following the first Monday of the January next succeed- ing the election of its members as now provided by law, and at such other times as the General Assembly shall judge necessary; but the person administering the office of Gov- ernor, may, on special emergencies, convene the General Assembly at said place at any other time. And in case of danger from the prevalence of contagious diseases, in said CONSTITUTION OF CONNECTICUT. 4I place, or other circumstances, the person administering the office of Governor may, by proclamation, convene said As- sembly at any other place in this State. SECT. 3. The House of Representatives shall consist of electors residing in towns from which they are elected. Every town which now contains, or hereafter shall contain a population of five thousand, shall be entitled to send two representatives, and every other one shall be entitled to its present representation in the General Assembly. The popu- lation of each town shall be determined by the enumeration made under the authority of the census of the United States, next before the election of representatives is held. In case a new town shall hereafter be incorporated, such new town shall not be entitled to a Representative in the General As- sembly unless it has at least twenty-five hundred inhabitants, and unless the town from which the major portion of its territory is taken has also at least twenty-five hundred in- habitants; but until such towns shall each have at least twenty-five hundred inhabitants, such new town shall, for the purpose of representation in the General Assembly, be at- tached to, and be deemed to be a part of, the town from which the major portion of its territory is taken, and it shall be an election district of such town for the purpose of repre- sentation in the House of Representatives. [The Senate of this State shall consist of not less than eighteen nor more than twenty-four members, and be chosen by districts. The General Assembly (of 1829) shall divide the State into districts for the choice of Senators, and shall de- termine what number shall be elected in each, which districts shall not be less than eight, nor more than twenty-four in number, and in forming them regard shall be had to the pop- ulation in said apportionment in such manner that no county shall have less than two Senators.]* * The Constitutional provision relating to Senators and Senatorial districts appears in the amendment of 1828. The remaining portions of that amendment authorize the Legislature to redistrict the State 42 CONSTITUTION OF CONNECTICUT. SECT. 4. From and after the Wednesday after the first Monday of January, 1905, the senate shall be composed of not less than twenty-four and not more than thirty-six mem- bers, who shall be elected at the electors' meetings held bi- ennially on the Tuesday after the first Monday in November. SECT. 5. The general assembly which shall be held on the Wednesday after the first Monday of January, 1903, shall divide the state into senatorial districts, as hereinafter pro- vided; the number of such districts shall not be less than twenty-four nor more than thirty-six, and each district shall elect only one senator. The districts shall always be com- posed of contiguous territory, and in forming them regard shall be had to population in the several districts, that the same may be as nearly equal as possible undgr the limita- tions of this section. Neither the whole or a part of one county shall be joined to the whole or a part of another county to form a district, and no town shall be divided, un- less for the purpose of forming more than one district wholly within such town, and each county shall have at least one senator. The districts, when established as hereinafter pro- vided, shall continue the same until the session of the gen- eral assembly next after the completion of the next census of the United States, which general assembly shall have power to alter the same, if found necessary to preserve a proper equality of population in each district, but only in accord- from time to time on the basis of population, and provide the man- ner in which districts shall be formed. The Legislature has acted several times under that amendment, the last time in 1881, Revised Statutes of 1888, Section 197, when the limit of twenty-four Senators allowed by the amendment of 1828 was reached, and the next Senate will be elected under that statute. The amendment adopted in 1901, which becomes operative in 1903, is largely copied from the amend- ment of 1828 in respect to the time and manner in which the State may be redistricted by the Legislature, and the manner in which dis- tricts may be formed. Those provisions appear in this compilation of the Constitution in the second succeeding section [Sec. 5], but have not been inserted here because they will apply to only one more election in the districts as already formed, and because to insert those provisions here would simply be repetition. CONSTITUTION OF CONNECTICUT. 43 ance with the principles above recited; after which said dis- tricts shall not be altered, nor the number of senators altered, except at a session of the general assembly next after the completion of a census of the United States, and then only in accordance with the principles hereinbefore provided. The persons voted for for Senators shall, at the time of such vote, belong to and reside in the respective districts in which they are so voted for. SECT. 6. The Treasurer, Secretary, and Comptroller, for the time being, shall canvass the votes publicly. The person in each district having the greatest number of votes for sen- ator shall be declared to be elected for such district: but in cases where no choice is made by the electors in consequence of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes, shall be declared to be elected. The return of votes, and the result of the canvass, shall be sub- mitted to the House of Representatives, and also to the Senate, on the first day of the session of the General Assem- bly; and each house shall be the final judge of the election returns and qualifications of its own members. SEC. 7. A general election for Governor, Lieutenant- Governor, Secretary, Treasurer, Comptroller, and members of the General Assembly shall be held on the Tuesday after the first Monday of November, biennially, as now provided by law, and for such other officers as are herein and may be hereafter prescribed. The. General Assembly shall have power to enact laws regulating and prescribing the order and manner of voting for said officers, and also providing for the election of representatives at some time subsequent to the Tuesday after the first Monday of November in all cases when it shall so happen that the electors in any town shall fail on that day to elect the representative or representatives to which such town shall be by law entitled. SEC. 8. At the general election for State officers and members of the General Assembly the presiding officers shall 44 CONSTITUTION OF CONNECTICUT. receive the votes of the electors, which shall be by ballot, either written or printed, and count and declare them in open meeting. The presiding officers shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding officers ; one of which lists shall be delivered to the town clerk, and the other within ten days after said meeting, shall be delivered under seal, either to the secretary, or to the sheriff of the county in which said town is situated ; which list shall be directed to the Secretary, with a superscription expressing the purport of the contents thereof: and each sheriff, who shall receive such votes, shall, within fifteen days after said meeting, de- liver, or cause them to be delivered, to the Secretary. SECT. 9. The members of the General Assembly shall hold their offices for two years from the Wednesday follow- ing the first Monday of the January next succeeding their election, and until their successors are duly qualified. SECT. 10. The House of Representatives, when assem- bled, shall choose a speaker, clerk, and other officers. The Senate shall choose its clerk, and other officers, except the President. A majority of each house shall constitute a quo- rum to do business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalties, as each house may prescribe. SECT. ii. Each house shall determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State. SECT. 12. Each house shall keep a journal of its pro- ceedings, and publish the same, when required by one-fifth of its members, except such parts as, in the judgment of a majority require secrecy. The yeas and nays of the mem- CONSTITUTION OF CONNECTICUT. 45 bers of either house shall, at the desire of one-fifth of those present, be entered on the journals. SECT. 13. The senators and representatives shall, in all cases of civil process, be privileged from arrest, during the session of the general assembly, and for four days before the commencement, and after the termination of any session thereof. And for any speech or debate in either house, they shall not be questioned in any other place. SECT. 14. The debates of each house shall be public, except on such occasions as, in the opinion of the house, may require secrecy. SECT. 15. The compensation of members of the General Assembly shall not exceed three hundred dollars for the term for which they are elected, and one mileage each way for the regular session at the rate of twenty-five cents per mile ; they shall also receive one mileage at the same rate for attending any extra session called by the Governor. SECT. 16. Neither the General Assembly, nor any County, City, Borough, Town, or School District, shall have power to pay or grant any extra compensation to any public officer, employe, agent, or servant, or increase the compen- sation of any public officer or employe, to take effect during the continuance in office of any person whose salary might be increased thereby, or increase the pay or compensation of any public contractor above the amount specified in the contract. &rtirfe OF THE EXECUTIVE DEPARMENT. SECT. i. The Governor, Lieutenant-Governor, Secre- tary, Treasurer, and Comptroller shall hold their respective offices for two years from the Wednesday following the first Monday of the January next succeeding their election, and until their successors are duly qualified. 46 CONSTITUTION OF CONNECTICUT. SECT. 2. At the meetings of the electors in the respect- ive towns held biennially as herein provided for the election of State officers, members of the General Assembly, and for such other officers as are and may be hereafter prescribed, the presiding officers shall receive the ballots and shall count and declare the same in the presence of the electors. When such ballots shall have been so received and counted, dupli- cate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the pre- siding officer, one of which lists shall be deposited in the office of the town clerk within three days, and the other, within ten days after said election, shall be transmitted to the Secretary, or to the sheriff of the county, in which such elec- tion shall have been held. The sheriff receiving said votes shall deliver, or cause them to be delivered to the Secretary, within fifteen days next after said election. The votes so re- turned shall be counted, canvassed and declared by the Treas- urer, Secretary, and Comptroller, within the month of No- vember. The vote for Treasurer shall be counted, canvassed and declared by the Secretary and Comptroller only ; the vote for Secretary shall be counted, canvassed and declared by the Treasurer and Comptroller only; and the vote for Comp- troller shall be counted, canvassed and declared by the Treas- urer and Secretary only. A fair list of the persons and num- ber of votes given for each, together with the returns of the presiding officers, shall be, by the Treasurer, Secretary, and Comptroller, made and laid before the General Assembly, then next to be holden, on the first day of the session thereof. In the election for governor, lieutenant-governor, secretary, treasurer, comptroller, and attorney-general, the person found by the general assembly, in the manner herein provided, to have received the greatest number of votes for each of said offices respectively, shall be declared by said assembly to be elected. But if two or more persons shall be found to have an equal and the greatest number of votes for any of said offices, then the general assembly, on the second day of its session, by joint ballot of both houses, shall proceed without debate to choose said officer from a list of the names of the CONSTITUTION OF CONNECTICUT. 47 persons found to have an equal and greatest number of votes for said office. The General Assembly shall by law prescribe the manner in which all questions concerning the election of the above named officers shall be determined. SECT. 3. The supreme executive power of the State shall be vested in the Governor. No person, who is not an elector of this State, and who has not arrived at the age of thirty years, shall be eligible. SECT. 4. The Lieutenant Governor shall possess the same qualifications as are herein prescribed for the Governor. SECT. 5. The compensations of the Governor and Lieu- tenant Governor shall be established by law, and shall not be varied so as to take effect until after an election, which shall next succeed the passage of the law establishing said com- pensations. SECT. 6. The Governor shall be Captain General of the militia of the State, except when called into the service of the United States. SECT. 7. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices. SECT. 8. The Governor, in case of a disagreement be- tween the two houses of the General Assembly, respecting the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the day of the next stated session. SECT. 9. He shall, from time to time, give to the Gen- eral Assembly, information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. SECT. 10. He shall take care that the laws be faithfully executed. 48 CONSTITUTION OF CONNECTICUT. SECT. ii. The Governor shall have power to grant re- prieves after conviction, in all cases except those of impeach- ment, until the end of the next session of the General Assem- bly, and no longer. SECT. 12. All commissions shall be in the name and by authority of the State of Connecticut; shall be sealed with the State seal, signed by the Governor, and attested by the Secretary. SECT. 13. Every bill which shall have passed both houses of the General Assembly, shall be presented to the Governor. If he approves, he shall sign and transmit it to the Secretary, but if not, he shall return it to the house in which it origi- nated, with kis objections, which shall be entered on the journals of the house; who shall proceed to reconsider the bill. If after such reconsideration, that house shall again pass it, it shall be sent, with the objections, to the other house, which shall also reconsider it. If approved, it shall become a law. But in such cases the votes of both houses shall be determined by yeas and nays ; and the names of the members voting for and against the bill, shall be entered on the jour- nals of each house respectively. If the bill shall not be re- turned by the Governor within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it ; unless the General Assembly, by their adjournment, prevents its return, in which case it shall not be a law. SECT. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, and have, when in com- mittee of the whole, a right to debate, and when the Senate is equally divided, to give the casting vote. SECT. 15. In case of the death, resignation, refusal to serve, or removal from office of the Governor, or of his im- peachment, or absence from the State, the Lieutenant Gov- ernor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the next CONSTITUTION OF CONNECTICUT. 49 periodical election for Governor, and be duly qualified; or until the Governor impeached or absent, shall be acquitted or return. SECT. 16. When the government shall be administered by the Lieutenant Governor, or he shall be unable to at- tend as President of the Senate, the Senate shall elect one of their members as President pro tempore. And if during the vacancy of the office of Governor, the Lieutenant Governor shall die, resign, refuse to serve, or be removed from office, or if he shall be impeached, or absent from the State, the President of the Senate pro tempore, shall, in like manner, administer the government, until he be superseded by a Gov- ernor or Lieutenant Governor. SECT. 17. If the Lieutenant Governor shall be required to administer the government, and shall, while in such ad- ministration, die or resign during the recess of the General Assembly, it shall be the duty of the Secretary, for the time being, to convene the Senate for the purpose of choosing a President pro tempore. SECT. 18. The Treasurer shall receive all monies be- longing to the State, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the disbursement of public money, until the same has been registered in the office of the Comptroller. SECT. 19. The Secretary shall have the safe keeping and custody of the public records and documents, and particu- larly of the Acts, Resolutions and Orders of the General Assembly, and record the same ; and perform all such duties as shall be prescribed by law. He shall be the keeper of the seal of the State, which shall not be altered. SECT. 20. The Comptroller shall adjust and settle all public accounts and demands, except grants and orders of the General Assembly. He shall prescribe the mode of keeping and rendering all public accounts. He shall ex officio be one 4 > o CONSTITUTION OF CONNECTICUT. of the auditors of the accounts of the Treasurer. The Gen- eral Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall prescribe the manner in which his duties shall be performed. SECT. 21. Sheriffs shall be elected in the several counties quadrennially on the Tuesday after the first Monday of No- vember, as now provided by law, and shall hold office for the term of four years from the first day of June following their election. They shall become bound, with sufficient sure- ties, to the Treasurer of the State, for the faithful discharge of the duties of their office, in such manner as shall be pre- scribed by law. They shall be removable by the General Assembly. In case the sheriff of any county shall die, re- sign, or shall be removed from office by the General Assem- bly, the Governor may fill the vacancy occasioned thereby, until the same shall be filled by the next quadrennial election. SECT. 22. A statement of all receipts, payments, funds, and debts of the State, shall be published from time to time, in such manner and at such periods as shall be prescribed by law. Article OF THE JUDICIAL DEPARTMENT. SECT. i. The judicial power of the State shall be vested in a Supreme Court of Errors, a Superior Court, and such inferior courts as the General Assembly shall, from time to time, ordain and establish: the powers and jurisdiction of which courts shall be defined by law. SECT. 2. The justices of the peace for the several towns in this State shall be appointed by the electors in such towns ; and the time and manner of their election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. They shall have such CONSTITUTION OF CONNECTICUT. 5, jurisdiction in civil and criminal cases as the General Assem- bly may prescribe. SECT. 3. The judges of the Supreme Court of Errors and of the Superior Court shall, upon nomination of the Gov- ernor, be appointed by the General Assembly in such man- ner as shall by law be prescribed. They shall hold their offices for the term of eight years, but may be removed by impeachment; and the Governor shall also remove them on the address of two-thirds of each house of the General As- sembly. No judge or justice of the peace shall be capable of holding office after he shall arrive at the age of seventy years. SECT. 4. Judges of the Courts of Common Pleas, and of the District Courts, shall be appointed for terms of four years. Judges of the City Courts and Police Courts shall be appointed for terms of two years. SECT. 5. Judges of Probate shall be elected by the elec- tors residing in their respective districts at the general elec- tion biennially. They shall hold their offices for two years from the Wednesday after the first Monday of the January next succeeding their election. Article OF THE QUALIFICATIONS OF ELECTORS. SECT. i. All persons who have been, or shall hereafter, previous to the ratification of this Constitution, be admitted freemen, according to the existing laws of this State, shall be electors. SECT. 2. Every male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this State for a term of one year next pre- ceding, and in the town in which he may offer himself to be 52 CONSTITUTION OF CONNECTICUT. admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself, and shall be able to read in the English language any article of the Con- stitution or any section of the Statutes of this State, and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. SECT. 3. The privileges of an elector shall be forfeited by a conviction of bribery, forgery, perjury, duelling, fraudu- lent bankruptcy, theft, or other offense for which an infamous punishment is inflicted. But the General Assembly shall have power, by vote of two-thirds of the members of both branches, to restore the privileges of an elector to those who may have forfeited the same by a conviction of crime. SECT. 4. Every elector shall be eligible to any office in this State, except in cases provided for in this Constitution. SECT. 5. The selectmen and town clerk of the several towns shall decide on the qualifications of electors, at such times and in such manner as may be prescribed by law. SECT. 6. Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and con- ductinsr meetings of the electors, and prohibiting, under ade- quate penalties, all undue influence therein, from power, bribery, tumult and other improper conduct. SECT. 7. In all elections of officers of the State, or mem- bers of the General Assembly, the votes of the electors shall be by ballot. SECT. 8. At all elections of officers of the State, or mem- bers of the General Assembly, the electors shall be privileged from arrest, during their attendance upon, and going to, and returning from the same, on any civil process. CONSTITUTION OF CONNECTICUT. Article OF RELIGION. SECT. i. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Uni- verse, and their right to render that worship, in the mode most consistent with the dictates of their consciences; no person shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church or religious association. But every person now belonging to such congregation, church, or religious association shall re- main a member thereof until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every society or denomination of Christians in this State, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective de- nominations, and to build and repair houses for public wor- ship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. SECT. 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expences which may be incurred by said so- ciety. Article OF EDUCATION. SECT. i. The charter of Yale College, as modified by agreement with the corporation thereof, in pursuance of an Act of the General Assembly, passed in May, 1792, is hereby confirmed. 54 CONSTITUTION OF CONNECTICUT. SECT. 2. The fund, called the SCHOOL FUND, shall re- main a perpetual fund, the interest of which shall be inviola- bly appropriated to the support and encouragement of the public, or common schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the General Assembly may prescribe, pub- lished, and recorded in the Comptroller's office; and no law shall ever be made, authorizing said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school societies, as justice and equity shall require. Article OF IMPEACHMENTS. SECT. i. The House of Representatives shall have the sole power of impeaching. SECT. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, they shall be on oath or affirmation. No person shall be convicted without the con- currence of two-thirds of the members present. When the Governor is impeached, the Chief Justice shall preside. SECT. 3. The Governor, and all other executive and judi- cial officers, shall be liable to impeachment; but judgments in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust or profit under this State. The party convicted, shall, never- theless, be liable and subject to indictment, trial and punish- ment according to law. SECT. 4. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of trea- son, or attainder, shall work corruption of blood or forfeiture. CONSTITUTION OF CONNECTICUT. -- Article GENERAL PROVISIONS. SECT. i. Members of the General Assembly, and all offi- cers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit: You do solemnly swear, or affirm, (as the case may be,) that you will support the Constitution of the United States, and the Constitution of the State of Connecticut, so long as you continue a citizen thereof; and that you will faith- fully discharge, according to law, the duties of the office of ............ to the best of your abilities. So help you God. SECT. 2. Each town shall annually elect selectmen, and such officers of local police, as the laws may prescribe. SECT. 3. No County, City, Town, Borough, or other municipality, shall ever subscribe to the capital stock of any railroad corporation, or become a purchaser of the bonds, or make donation to, or loan its credit, directly or indirectly, in aid of any such corporation ; but nothing herein contained shall affect the validity of any bonds or debts incurred under existing laws, nor be construed to prohibit the General As- sembly from authorizing any Town or City to protect by additional appropriations of money or credit any railroad debt contracted prior to the amendment to the Constitution, adopted October, 1877. SECT. 4. The rights and duties of all corporations shall remain as if this Constitution had not been adopted ; with the exception of such regulations and restrictions as are con- tained in this Constitution. All judicial and civil officers now in office, shall continue to hold their offices until their terms of office shall expire, or until they shall resign, or be removed from office according to law. All military officers shall con- tinue to hold and exercise their respective offices, until their terms of office shall expire or until they shall resign, or be e5 CONSTITUTION OF CONNECTICUT. removed according to law. All laws not contrary to, or in- consistent with, the provisions of this Constitution, shall re- main in force, until they shall expire by their own limitation, or shall be altered or repealed by the General Assembly, in pursuance of this Constitution. The validity of all bonds, debts, contracts, as well of individuals as of bodies corporate, or the State, of all suits, actions, or rights of action, both in law and equity, shall continue as if no change had taken place. SECT. 5. No judge of the Superior Court, or of the Su- preme Court of Errors; no member of Congress; no person holding any office under the authority of the United States ; no person holding the office of Treasurer, Secretary, or Comptroller; no sheriff or sheriff's deputy, shall be a mem- ber of the General Assembly. Article