Eleanor Finch
The first constitution in the American colonies was adopted in Hartford, Connecticut, in 1639. Known as the Fundamental Orders, 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 The Fundamental Orders were superseded by the Charter of Connecticut in 1662. The first colonial legislature was the Virginia House of Burgesses, established in 1619. The American Revolution, which began in 1775, saw the emergence of the first Continental Congress, which met in Philadelphia and was composed of delegates from 12 colonies. The second Continental Congress, which assembled in Philadelphia in 1776, issued the Declaration of Independence, which embodied a statement of rights and principles that would later be incorporated into the Federal Constitution.
| Characteristics | Values |
|---|---|
| Name of the Colony | Connecticut |
| Date of Adopting the Constitution | 14 January 1639 |
| Place of Adoption | Hartford, Connecticut |
| Representatives | Wethersfield, Windsor, and Hartford |
| Author | Roger Ludlow |
| Basis | Welfare of the community |
| Declaration | "The foundation of authority is in the free consent of the people." |
| Superseded By | The Charter of Connecticut in 1662 |
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What You'll Learn
The first constitution
The Fundamental Orders superseded the previous system, where each of the thirteen colonies had a charter or written agreement with the King of England or Parliament. These charters provided for direct rule by the king, with governors appointed by him and wielding considerable authority. However, the legislatures, elected by property-owning males, controlled the governor's salary, influencing their decisions to align with colonial wishes.
The early colonial experience was marked by a struggle for self-governance and religious freedom. The Pilgrims of the Mayflower, bound for Virginia in 1620, landed accidentally in present-day Massachusetts and established Plymouth. Lacking an official charter, they drafted the Mayflower Compact, asserting their right to rule themselves. Similarly, Roger Williams, a Puritan banished from the Massachusetts Bay Colony, founded Providence Plantations in 1636 on the principles of religious tolerance and majority rule.
The American Revolution, sparked by the cry of "taxation without representation," further emphasised the importance of self-governance and constitutional rights. The Declaration and Resolves of the First Continental Congress in 1774 embodied a statement of rights and principles, influencing the Declaration of Independence and the Federal Constitution. The Second Continental Congress in 1775 recruited soldiers, printed money, and appointed George Washington as commander of the Patriot militias, leading to the American Revolutionary War. The victory at Yorktown in 1781 resulted in Britain officially recognising the independence of the United States in the Treaty of Paris (1783).
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The Fundamental Orders
On January 14, 1639, the Connecticut Colony council adopted the "Fundamental Orders", the first constitution in the American colonies. The document was 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. The Fundamental Orders were written by Roger Ludlow of Windsor, the only trained lawyer in the colony, though he may have been assisted by Hartford residents John Haynes, Edward Hopkins, John Steel, and Major John Mason. The document consisted of a preamble and 11 orders or laws.
The preamble was a covenant that bound the towns of Windsor, Hartford, and Wethersfield to be governed in all civil matters by the Orders. The towns had previously cooperated under a simple form of government composed of magistrates and representatives from each town, but they had no formal instrument of government. The Fundamental Orders established Connecticut as a self-ruled colony, with 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 11 orders followed the Massachusetts government model and were consistent with 17th-century trading company charters. The Orders called for the convening of general courts every April and September. At the April Court of Election, a governor and six magistrates were to be chosen. No man could serve as governor more than once every two years, a restriction that lasted until 1660. To prevent hasty, ill-considered choices, nominations for election were made at the September General Court by the deputies from each town. The rest of the magistrates or public officers were chosen in a similar manner, with the names of all those to be put to choice read out by the Secretary, and each person present bringing in a single paper written upon with the name of the person they wanted to be chosen.
In 1662, the Fundamental Orders were replaced by a Royal Charter, which substantially secured the colony's right to self-govern 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 of their Fundamental Orders. The individual rights outlined in the Fundamental 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 Pilgrim Code of Law
The first constitution in the American colonies was the "Fundamental Orders", adopted in Hartford, Connecticut, in 1639. 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", it was written by lawyer Roger Ludlow and presented a binding and compact frame of government that prioritised the welfare of the community over individuals.
The first colony to adopt its own constitution was the Plymouth Colony, also known as New Plymouth, which established the Pilgrim Code of Law in 1636. This was one of the first constitutions in the English language and is considered by some to be the first true written constitution in the modern world.
- No laws would be adopted without the consent of the community.
- An annual election day was set, with the annual election of a governor and seven "assistants", who formed an executive council.
- The governor was granted executive power.
- Other annually elected officers included a provincial treasurer, clerk, and coroner.
- Specific oaths were outlined for officers and freemen.
- Laws were to be made and taxes levied only by the freemen of the province.
- Trial by jury was provided for.
- Panels consisting of the governor and any two assistants were empowered to try minor cases.
The Mayflower Compact, under which the settlers agreed to form a "civil body politick" and enact "just and equal laws, ordinances, acts, constitutions and officers", also served as a source of guidelines for the Pilgrim Code of Law.
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The Mayflower Compact
The document was first called the Mayflower Compact in 1793 and was originally titled "Agreement Between the Settlers of New Plymouth." It was signed by 41 of the ship's 101 passengers and was considered the first foundation of their government in this place. The Compact stated that the colonists would "submit to such government and governors as we should by common consent agree to make and choose." It was published in 1622 in Mourt's Relation, a pamphlet about the first year of settlement at Plimoth. The original document does not survive, but it was reprinted in 1669 by Plymouth's town historian, Nathaniel Morton, in his book, New England's Memorial.
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The Continental Congress
The first constitution in the American colonies was the "Fundamental Orders", adopted in Hartford, Connecticut, in 1639. It was written by Roger Ludlow, a lawyer, and established a unified government for the new colony. The document put the welfare of the community above individuals and was 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
The first colony to adopt its own constitution was Connecticut in 1639. The constitution was called the "Fundamental Orders".
The Fundamental Orders were 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 superseded by the Charter of Connecticut in 1662.
The American colonists were used to the idea of a single document being the focus of their link with the corpus of common law and legislative ordinance. They also became accustomed to writing their own documents to flesh out the particulars of their governments due to necessity and choice.
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