The First Constitution: Colonial Roots Of American Democracy

what was the first colonial constitution

The first colonial constitution, known as the Fundamental Orders, was adopted in 1639 by representatives of Wethersfield, Windsor, and Hartford in Connecticut. It was the first written constitution in the world to declare the modern idea that the foundation of authority is in the free consent of the people. The Fundamental Orders were drafted by Puritans and served as a model for other colonies, inspiring the creation of more formal and complete sets of written laws. Connecticut's role in shaping early American documents earned it the nickname The Constitution State.

Characteristics Values
Place Hartford, Connecticut
Date 14 January 1639
Name The "Fundamental Orders"
Author Roger Ludlow, a lawyer
Represented Settlements Wethersfield, Windsor, and Hartford
Basis Bible-based governing principles and values
Principles Moral truth, self-government, limited government, rule of law, popular sovereignty, elected representatives, work ethic, and a literate citizenry
Notable Aspects First written constitution in the world to declare that "the foundation of authority is in the free consent of the people"
Replaced By The Charter of Connecticut in 1662
Nickname Connecticut became known as the "Constitution State"

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The Fundamental Orders of Connecticut

The Fundamental Orders were inspired by Thomas Hooker's sermon of 31 May 1638, which argued in favour of popular sovereignty and the consent of the governed. The document was drafted by Roger Ludlow, a lawyer, and presented a binding and compact frame of government that put the welfare of the community above that of individuals. It consisted of a preamble and 11 orders or laws, which provided for annual elections, the secret ballot, rotation in office, and the "liberty of speech" for elected representatives. The Fundamental Orders also established the right to create the form of government under which one shall live, a right that was not an Englishman's right at the time.

The Fundamental Orders were significant because they assigned supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or any other external authority. This made Connecticut a self-ruled colony and earned it the nickname "The Constitution State". The orders also had a lasting impact on the creation of the United States government, with some of the principles outlined in the Fundamental Orders later being applied to the US government.

While the Fundamental Orders of Connecticut are considered by some to be the first written constitution in the Western tradition, this claim is disputed by some modern historians, who argue that the Mayflower Compact, created 19 years earlier, has an equal claim to this title.

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The first complete, written constitution

On January 14, 1639, in Hartford, Connecticut, the first constitution in the American colonies, known as the "Fundamental Orders", was adopted by representatives of Wethersfield, Windsor, and Hartford. The Fundamental Orders were the first complete, written constitution in the world, drafted by Puritans in Connecticut, which established a frame of laws for a unified government for the new colony. Roger Ludlow, a lawyer, wrote much of the Fundamental Orders, presenting a binding and compact frame of government that prioritised the welfare of the community over individuals.

The Fundamental Orders were also the first written constitution to declare the modern idea that "the foundation of authority is in the free consent of the people". This notion of popular sovereignty and consent of the governed was also advocated by Thomas Hooker to the Connecticut General Court. The Puritans' Bible-based governing principles valued moral truth, self-government, limited government, rule of law, popular sovereignty, elected representatives, work ethic, and a literate citizenry.

The Fundamental Orders served as a model for other colonies, inspiring the colonists of Massachusetts to create their own constitution, the Massachusetts Body of Liberties of 1641. Connecticut earned the nickname "The Constitution State" for being the first colony in America to develop a complete constitution to govern itself. The colony played an important role in the American Revolution, with citizens fighting in battles and contributing provisions to feed and equip General George Washington's Continental Army.

In 1662, the Charter of Connecticut superseded the Fundamental Orders, though the majority of the original document was retained. The legacy of the Fundamental Orders continued to influence the shaping of America, with Connecticut representatives involved in the creation of significant documents such as the Declaration of Independence, the Articles of Confederation, and the Constitution of the United States.

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Puritan Bible-based governing principles

The Puritans' Bible-based governing principles included the following:

  • Moral truth: The Puritans believed that the Bible provided moral guidance and authority. They sought to align their laws and behaviour with the moral principles outlined in the Bible.
  • Self-government: The Puritans favoured self-government and popular sovereignty, as reflected in their creation of a civil republic/democratic self-government in their colony. They believed in the consent of the governed and the importance of elected representatives to make decisions on behalf of the people.
  • Limited government: Puritan colonies favoured limited government, likely influenced by their interpretation of biblical principles. They believed in a form of government that was constrained by the rule of law and the authority of the Bible.
  • Rule of Law: The Puritans strongly supported the rule of law, which was rooted in their interpretation of biblical principles. They believed in defining civil laws based on the Bible and creating written codes of laws (constitutions) to prevent arbitrary rule and secure their freedoms.
  • Constitutions: The Puritans were the first to create written constitutions, following the example of the Biblical Israelites. They viewed constitutions as essential for outlining civil laws agreed upon by the community and ensuring their consistent enforcement.
  • Popular sovereignty: The Puritans believed in the importance of popular sovereignty and the consent of the governed. They recognised that the foundation of authority lies in the free consent of the people, as reflected in the "Fundamental Orders."
  • Elected representatives: The Puritans elected representatives to govern their colonies, further emphasising their commitment to self-government and popular sovereignty.
  • Work ethic: The Puritans valued a strong work ethic, which they believed was aligned with biblical principles.
  • Literacy: Puritan colonies strongly supported literacy and education so that people could read and understand the Bible. They recognised the importance of a literate citizenry in upholding moral truth and good governance.

These Bible-based governing principles influenced the creation of the "Fundamental Orders" and had a lasting impact on the legal and political landscape of early America, including the development of the Declaration of Independence, the Articles of Confederation, and the Constitution of the United States.

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The Continental Association

The agreement was a result of the escalating American Revolution and called for a trade boycott against British merchants by the colonies. The Congress hoped that placing economic sanctions on British imports and exports would pressure Parliament into addressing the colonies' grievances, especially repealing the Coercive Acts, or the "Intolerable Acts", which were strongly opposed by the colonies. The Intolerable Acts were a set of four acts: the Boston Port Act, the Massachusetts Government Act, the Administration of Justice Act, and the Quartering Act. The boycott was enforced through local enforcement committees, with public pressure being an overwhelmingly effective tactic to enforce support for the boycott.

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The First Continental Congress

The delegates, who were elected by the people of the respective colonies, colonial legislatures, or by the Committee of Correspondence, included prominent colonial leaders such as Samuel Adams of Massachusetts, and two future US presidents, George Washington and John Adams. The rules adopted by the delegates were designed to guard the equality of participants and promote free-flowing debate.

During the opening weeks of the Congress, delegates discussed how the colonies could collectively respond to the British government's coercive actions. The primary accomplishment of the First Continental Congress was a compact among the colonies to boycott British goods beginning on December 1, 1774, unless Parliament rescinded the Intolerable Acts. They also drew up a Declaration and Resolves, which included the Continental Association, a proposal for an embargo on British trade. The delegates also planned for a nonimportation of slaves, which would have abolished the slave trade in the United States 33 years before it actually ended.

Frequently asked questions

The first colonial constitution was the "Fundamental Orders", also known as the Fundamental Orders of Connecticut.

The Fundamental Orders were written in 1639.

Lawyer Roger Ludlow wrote much of the Fundamental Orders.

The Fundamental Orders established a unified government for the colony of Connecticut. It was also the first written constitution in the world to declare the modern idea that "the foundation of authority is in the free consent of the people".

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