Colonial Constitutions: Did Each Colony Draft Their Own?

did each 13 colonies have their own constitution

The Thirteen Colonies were separately administered under the Crown, but they shared similar political, constitutional, and legal systems. The first of the colonies, Virginia, was established at Jamestown in 1607. The Middle Colonies were established on the former Dutch colony of New Netherland. The colonies were founded for various reasons, including religious freedom and business and economic expansion. The first constitution in the American colonies, the Fundamental Orders, was adopted in Hartford, Connecticut, in 1639. This was followed by the Articles of Confederation, which served as the United States' first constitution in 1777.

Characteristics Values
Number of Colonies 13
First Colony Virginia, established in 1607
Religious Motivations Maryland, Pennsylvania, and New England Colonies
Economic Motivations Middle Colonies
Population Growth From 2,000 in 1625 to 2.4 million in 1775
Slavery Legal in all colonies
British Government Policy Mercantilism
First Constitution "Fundamental Orders," adopted in Hartford, Connecticut, on January 14, 1639
Constitutional Traditions Charters, letters-patent, instructions for colonists, covenants, compacts, agreements, ordinances, codes, oaths
Self-Government Allowed or permitted by most charters
United States Constitution A blend of English and colonial traditions
Ratification of Articles of Confederation November 15, 1777, by all 13 states
Confederation Name "The United States of America"
Confederation Type A "league of friendship" for sovereign and independent states
Congressional Representation Each state had one vote, regardless of population

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The 13 colonies were separately administered but had similar political, constitutional, and legal systems. They were all dominated by Protestant English speakers, and each colony was founded for different reasons. For instance, Maryland, Pennsylvania, and the New England Colonies were founded by people who were concerned about the free practice of their religion. The other colonies were founded for business and economic expansion. The Middle Colonies were established on the former Dutch colony of New Netherland.

The first of the 13 colonies, Virginia, was established at Jamestown in 1607. Between 1625 and 1775, the colonial population grew from 2,000 to 2.4 million, largely displacing the region's Native Americans. The population included people subject to a system of slavery, which was legal in all of the colonies. In the 18th century, the British government operated under a policy of mercantilism, in which the central government administered its colonies for Britain's economic benefit.

The 13 colonies were also similar in that they all had their own constitutions. The first colonial constitution, the "Fundamental Orders," was adopted in Hartford, Connecticut, on January 14, 1639. This was the first written constitution in the world to declare that "the foundation of authority is in the free consent of the people." The Fundamental Orders established a unified government for the new colony of Connecticut, which was made up of three major Puritan settlements.

The second tradition is found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves. While the US Constitution embodies aspects of this tradition, it is in the early state constitutions that we find the full flowering of this second tradition. These traditions, while distinct in certain respects, also interpenetrate each other. Most of the early colonial charters allowed the colonists to design their own political institutions and practice self-government.

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The first colonial constitution, the Fundamental Orders, was adopted in 1639

The Thirteen Colonies were separately administered under the Crown, but they shared similar political, constitutional, and legal systems. The first of the colonies, Virginia, was established at Jamestown in 1607. The Middle Colonies were established on the former Dutch colony of New Netherland.

The Fundamental Orders were replaced by a Royal Charter in 1662, which was basically approved by the British King, Charles II. The colonists generally viewed the charter as a continuation of their Fundamental Orders. The individual rights in the Orders, with others added over the years, are still included as a "Declaration of Rights" in the first article of the current Connecticut Constitution, adopted in 1965.

The Fundamental Orders of Connecticut are considered by some to be the first written constitution in the Western world, serving as a model for other state constitutions and eventually for the nation. The concept of rule through "the consent of the governed" made such an impression on Thomas Jefferson that he inserted those words in the Declaration of Independence.

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The Fundamental Orders was written by Roger Ludlow and established a unified government for the new colony

The Thirteen Colonies were separately administered but had similar political, constitutional, and legal systems. Each colony was dominated by Protestant English-speakers. The first of the colonies, Virginia, was established at Jamestown in 1607. The other colonies were founded for business and economic expansion.

The Fundamental Orders of Connecticut, written by Roger Ludlow, established a unified government for the new colony. The document is notable as it assigns supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or other external authority. The Fundamental Orders were adopted by the Connecticut Colony council on January 24, 1639 (Old Style date; January 14, 1639, in the New Style). The Fundamental Orders describe the government set up by the Connecticut River towns, setting its structure and powers. They wanted the government to have access to the open ocean for trading. The Orders have the features of a written constitution and are considered by some authors to be the first written Constitution in the Western tradition. Thus, Connecticut earned its nickname of The Constitution State.

The Fundamental Orders were inspired by Thomas Hooker's sermon of May 31, 1638, and provided the framework for the government of the Connecticut colony from 1639 to 1662. For two years before the adoption of the Fundamental Orders, Windsor, Hartford, and Wethersfield cooperated under a simple form of government composed of magistrates and representatives from each town, but the towns had no formal instrument of government. Roger Ludlow of Windsor, the only trained lawyer in the colony, probably drafted the Fundamental Orders, although he may have been assisted by Hartford residents John Haynes (a former Governor of the Massachusetts Bay Colony), Edward Hopkins, and John Steel. The document consisted of a preamble and 11 orders or laws. The preamble was a covenant that bound the three towns to be governed in all civil matters by the Orders. The preamble, then, was a civil equivalent of a church covenant.

The Fundamental Orders, in one sense, were replaced by a Royal Charter in 1662. However, the major outline of the charter was written in Connecticut and embodied the Orders' rights and mechanics. It was carried to England by Governor John Winthrop and basically approved by the British King, Charles II. The colonists generally viewed the charter as a continuation and surety for their Fundamental Orders. The individual rights in the Orders, with others added over the years, are still included as a "Declaration of Rights" in the first article of the current Connecticut Constitution, adopted in 1965.

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The Fundamental Orders was superseded by the Charter of Connecticut in 1662

The Thirteen Colonies were separately administered but had similar political, constitutional, and legal systems. The first of the colonies, Virginia, was established at Jamestown in 1607. The other colonies were founded for business and economic expansion. The Middle Colonies were established on the former Dutch colony of New Netherland. The Thirteen Colonies were dominated by Protestant English speakers.

The Fundamental Orders of Connecticut, considered by some to be the first written Constitution in the Western tradition, was the official title for the compact agreed to by the freemen of the towns of Windsor, Hartford, and Wethersfield in 1638–39. The Fundamental Orders provided the framework for the government of Connecticut Colony from 1639 to 1662. The document was inspired by Thomas Hooker's sermon of May 31, 1638, and consisted of a preamble and 11 "orders" or laws. The Fundamental Orders described the government set up by the Connecticut River towns, setting its structure and powers. They wanted the government to have access to the open ocean for trading. The document does not make any reference to the authority of the British Crown or any other external authority. It assigns supreme authority in the colony to the elected general court. The settlers established the political right to create the form of government under which they shall live, along with provisions for annual elections, the secret ballot, rotation in office, and the "liberty of speech" for elected representatives.

In 1662, the colony petitioned the king for a royal charter, which was granted and became known as the Charter of Connecticut. The Charter of Connecticut substantially secured the colony's right to self-governance following the same form of government established by the Fundamental Orders. The Charter was basically approved by the British King, Charles II, and was viewed by the colonists as a continuation and surety for their Fundamental Orders. The Charter of Connecticut superseded the Fundamental Orders of Connecticut in 1662.

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The second tradition of colonial constitutionalism is found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves

The 13 colonies were separately administered under the Crown, but they had similar political, constitutional, and legal systems. The first of the colonies, Virginia, was established in 1607, and the last joined in 1775.

The Mayflower Compact, or the Agreement Between the Settlers at New Plymouth (1620), is an example of an early American political compact. It was sworn before God and established a Body Politick. The Mayflower Compact was also the legal precedent for the Pilgrim Code of Law of the Plymouth Colony, which became the first American constitution. The Pilgrim Code of Law asserted all rights due to Englishmen, establishing a foundation for legal resistance to England when those rights were infringed.

Another example of a covenant is the Charles-Boston Church covenant, which established the Charles-Boston Church in 1630. The covenant was sworn before God and created a church. It also described the kind of people the undersigned designed to become: a people who follow God's Gospel and ordinances.

The Carolina Charter of 1663 is another example of a colonial charter that allowed for greater civil liberties. It allowed proprietors to give "indulgencies and dispensations" to people who could not conform to the public exercise of religion according to the Church of England. This was a major step toward religious toleration.

Frequently asked questions

Yes, each of the 13 colonies had their own constitution, with similar political, constitutional, and legal systems. The first of these colonies, Virginia, was established in 1607.

The establishment of these colonies was driven by a mix of factors, including religious freedom, economic expansion, and business interests. For instance, Maryland, Pennsylvania, and the New England Colonies were established to allow religious freedom, while others were founded for economic growth and business pursuits.

The colonial constitutions reflected two distinct traditions. The first tradition was rooted in the charters, letters-patent, and instructions written in England, which allowed colonists to design their political institutions and practice self-government. The second tradition was evident in the covenants, compacts, agreements, and codes authored by the colonists themselves, emphasizing self-written covenants and self-governance.

The colonial constitutions influenced the formation of the United States Constitution, blending the two traditions. The colonists were accustomed to having a single written document defining their politics, which could be amended through a political process. This influenced the creation of a unified Constitution for the United States, incorporating aspects from both traditions.

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