Jonah Patel
The governments of the Thirteen Colonies of British America were influenced by the British constitution and established either royal, proprietary, or corporate colonies. The colonies initially recognised Parliament's right to legislate for the British Empire, but the incompatible interpretations of the British constitution would become the central issue of the American Revolution. The colonies were encouraged to write their own constitutions and become states, and the first colonial constitution, the Fundamental Orders, was adopted in Hartford, Connecticut, in 1639. The Articles of Confederation, adopted by the Continental Congress in 1777, served as the United States' first constitution.
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What You'll Learn
The Fundamental Orders of 1639
The Fundamental Orders established Connecticut as a self-ruled colony with a framework of government based on the rights of individuals. It set out the structure and powers of the government, including the provision that all free men could elect their magistrates and other public officers through the use of secret, paper ballots. The Orders also established that the supreme authority in the colony was an elected general court, with no mention of the British Crown or any external authority.
The Fundamental Orders were written primarily by lawyer Roger Ludlow, with contributions from Major John Mason and others. They were influenced by a sermon from the Rev. Thomas Hooker, who proclaimed, "The foundation of authority is laid in the free consent of the people," and "As God has given us liberty, let us take it." The document reflected these ideals by declaring that the government's power was derived from the consent of the governed.
The Fundamental Orders were replaced in 1662 by a Royal Charter, which substantially secured the colony's right to self-govern while following the same form of government established by the Fundamental Orders. The individual rights outlined in the Orders have been preserved and are still included in the current Connecticut Constitution, demonstrating the lasting impact of this early colonial constitution.
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The role of the Continental Congress
The Continental Congress also played a crucial part in declaring independence from Great Britain. On June 7, 1776, a resolution was introduced in Congress, proposing the dissolution of the union with Great Britain, the formation of foreign alliances, and the drafting of a plan of confederation to be submitted to the colonies. On July 4, 1776, independence was officially declared.
The Continental Congress was also responsible for the adoption of the Articles of Confederation on November 15, 1777. This document served as the United States' first constitution and was in force from March 1, 1781, until 1789, when the present-day Constitution took effect. The Articles of Confederation were drafted by a committee, including one representative from each colony, with John Dickinson of Delaware as the principal writer.
The Continental Congress, through its actions, paved the way for the establishment of the United States of America as a sovereign nation, free from British rule, and provided the framework for its governance through the adoption of the Articles of Confederation, which served as the country's first constitution.
It is worth noting that the idea of a written constitution was not entirely new to the colonies. Before the American Revolution, the English constitution was relatively libertarian compared to the absolute monarchies of the rest of Europe. The English colonists in America were familiar with the concept of a single document linking them to the corpus of common law and legislative ordinance. They also began writing their own documents to outline the specifics of their governments. This tradition continued and evolved, with early colonial charters allowing colonists to design their political institutions and practice self-government.
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The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state would have one vote. Ratification by all 13 states was necessary to set the Confederation into motion. The individual articles set the rules for current and future operations of the confederation's central government. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states.
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The right to self-government
The first colonial constitution, the "Fundamental Orders", was adopted in Hartford, Connecticut, in 1639. It was written by Roger Ludlow, a lawyer, and established a unified government for the new colony. The Fundamental Orders were superseded by the Charter of Connecticut in 1662, but many of its laws and statutes remained in force until 1818. The Fundamental Orders also declared the modern idea that "the foundation of authority is in the free consent of the people".
The American Revolution, which began in 1775, was driven in part by the colonists' desire for self-government and independence from the British Empire. The Continental Congress, which met in Philadelphia, called for the creation of new governments and the suppression of the authority of the Crown. The Declaration of Independence in 1776 further encouraged the states to form their own governments, and most states had adopted new constitutions by the end of that year. The Articles of Confederation, written by John Dickinson and adopted in 1777, served as the United States' first constitution.
The Articles of Confederation established the country as the United States of America and remained in force until 1789 when the present-day Constitution went into effect. The new Constitution, signed in 1787, established a republican form of government with no royalty, aristocracy, or national church. The right to self-government, as embodied in the early colonial documents, continued to be a fundamental principle in the written constitutions of the late 18th century.
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The American Revolution
In May 1776, the Continental Congress, assembled in Philadelphia, called for the creation of new governments and the suppression of the Crown's authority. The Declaration of Independence in July further encouraged the colonies to form new governments, and most had adopted new constitutions by the end of 1776. The Continental Congress also appointed George Washington as the commander of Patriot militias.
The early colonial charters allowed colonists to design their own political institutions and practice self-government, and most colonies had their own constitutions. The "Fundamental Orders", adopted in 1639, was the first colonial constitution, established by representatives of three Puritan settlements in Connecticut. It was also the first written constitution in the world to declare that "the foundation of authority is in the free consent of the people".
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Frequently asked questions
Yes, the "Fundamental Orders" was the first constitution in the American colonies. It was adopted in Hartford, Connecticut, in 1639 by representatives of Wethersfield, Windsor, and Hartford.
The Articles of Confederation, written in 1777, served as the first constitution of the United States. It was in force from 1781 until 1789, when the present-day Constitution went into effect.
Yes, the colonies had their own governments, which were established during the American Revolution. These governments were temporary and eventually replaced by state constitutions that established republican governments.
The colonial governments had a broad electorate, with a high percentage of eligible voters among adult white males due to the widespread ownership of farmland. They also lacked a hereditary aristocracy, and there was no national church.
The colonies gained independence from Britain through the Revolutionary War, which lasted from 1775 to 1783. During this time, the Continental Congress, assembled in Philadelphia, recruited soldiers, printed money, and appointed George Washington as commander of the Patriot militias. Independence was officially declared on July 4, 1776.
