51: [Majority Vote of Deputies and Magistrates Required for the Passage of Laws in Connecticut] - Donald S. Lutz, Colonial Origins of the American Constitution: A Documentary History [1998]
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Colonial Origins of the American Constitution: A Documentary History, ed. Donald S. Lutz (Indianapolis: Liberty Fund 1998).
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- Preface
- Introductory Essay
- New Hampshire: 1: [agreement of the Settlers At Exeter In New Hampshire]
- 2: General Laws and Liberties of New Hampshire
- Massachusetts: 3: [agreement Between the Settlers At New Plymouth] (the Mayflower Compact)
- 4: [plymouth Oath of Allegiance and Fidelity]
- 5: [the Salem Covenant of 1629]
- 6: [agreement of the Massachusetts Bay Company At Cambridge, England]
- 7: [the Watertown Covenant of July 30, 1630]
- 8: [massachusetts Election Agreement]
- 9: The Oath of a Freeman, Or of a Man to Be Made Free
- 10: [the Massachusetts Agreement On the Legislature]
- 11: [cambridge Agreement]
- 12: [dorchester Agreement]
- 13: [cambridge Agreement On a Town Council]
- 14: [massachusetts Agreement On the Legislature]
- 15: The Oath of a Freeman
- 16: [salem Oath For Residents]
- 17: [watertown Agreement On Civil Officers]
- 18: [the Enlarged Salem Covenant of 1636]
- 19: [plymouth Agreement]
- 20: [pilgrim Code of Law]
- 21: [dedham Covenant]
- 22: [the Massachusetts Body of Liberties]
- 23: [the Combination of the Inhabitants Upon the Piscataqua River For Government]
- 24: [massachusetts Bicameral Ordinance]
- 25: [massachusetts Ordinance On the Legislature]
- 26: The Laws and Liberties of Massachusetts
- 27: [massachusetts Ordinance On Legislative Procedure]
- 28: [towns of Wells, Gorgiana, and Piscataqua Form an Independent Government]
- 29: [the Cambridge Agreement of October 4, 1652]
- 30: [puritan] Laws and Liberties
- 31: [an Act of the General Court]
- Rhode Island: 32: [providence Agreement]
- 33: [government of Pocasset]
- 34: [newport Agreement]
- 35: [the Government of Portsmouth]
- 36: Plantation Agreement At Providence
- 37: [organization of the Government of Rhode Island]
- 38: [warwick Agreement]
- 39: Acts and Orders of 1647
- 40: Charter of Providence
- 41: [general Assembly of Rhode Island Is Divided Into Two Houses]
- Connecticut: 42: Plantation Covenant At Quinnipiack
- 43: Fundamental Orders of Connecticut
- 44: Guilford Covenant
- 45: Structure of Town Governments
- 46: Fundamental Articles of New Haven
- 47: [connecticut Oath of Fidelity]
- 48: Capitall Lawes of Connecticut, Established By the Generall Court the First of December, 1642
- 49: The Government of Guilford
- 50: New Haven Fundamentals
- 51: [majority Vote of Deputies and Magistrates Required For the Passage of Laws In Connecticut]
- 52: Connecticut Code of Laws
- 53: Preface to the General Laws and Liberties of Connecticut Colony Revised and Published By Order of the General Court Held At Hartford In October 1672
- 54: [division of the Connecticut General Assembly Into Two Houses]
- New York: 55: [a Letter From Governor Richard Nicolls to the Inhabitants of Long Island]
- 56: Charter of Liberties and Privileges
- New Jersey: 57: Fundamentals of West New Jersey
- Pennsylvania: 58: Concessions to the Province of Pennsylvania
- 59: Charter of Liberties and Frame of Government of the Province of Pennsylvania In America
- 60: An Act For Freedom of Conscience
- 61: [pennsylvania Charter of Liberties]
- Maryland: 62: Orders Devised and Published By the House of Assembly to Be Observed During the Assembly
- 63: Act For Establishing the House of Assembly and the Laws to Be Made Therein
- 64: An Act For Church Liberties
- 65: An Act For Swearing Allegeance
- 66: An Act What Persons Shall Be Called to Every General Assembly and an Act Concerning the Calling of General Assemblies
- 67: An Act For the Liberties of the People
- 68: [maryland Toleration Act]
- Virginia: 69: Articles, Laws, and Orders, Divine, Politic, and Martial For the Colony In Virginia
- 70: [laws Enacted By the First General Assembly of Virginia]
- 71: Constitution For the Council and Assembly In Virginia
- 72: [laws and Orders Concluded By the Virginia General Assembly]
- 73: Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members In North Carolina
- South Carolina: 74: Act to Ascertain the Manner and Form of Electing Members to Represent the Province
- Georgia: 75: Act to Ascertain the Manner and Form of Electing Members to Represent the Inhabitants of This Province In the Commons House of Assembly
- Confederations: 76: [the New England Confederation]
- 77: [the Albany Plan of Union]
- 78: The Articles of Confederation
- 79: [william Penn’s Plan of Union]
- 80: [joseph Galloway’s Plan of Union]
51
[Majority Vote of Deputies and Magistrates Required for the Passage of Laws in Connecticut]
Text taken from Trumbull and Hoadly, Public Records, vol. 1, 119. Text is complete, and the spelling is unaltered.
February 5, 1645
The Fundamental Orders of Connecticut, 1639 [43] created a unicameral legislature with two parts. The Deputies, elected by the towns, were to represent local interests and assemble periodically with the Magistrates to form the full, legal General Court. The Magistrates, elected in an indirect colony-wide manner, were to represent the common good and sat more or less continuously to advise the Governor. The incipient bicameralism of the General Court is sharpened in this document. Whereas between 1639 and 1645 legislation required a majority of the Magistrates and Deputies combined, the Magistrates are now viewed together as a unit, as are the Deputies, and each unit must approve every bill. If a majority of Deputies does not approve a proposal it is defeated in the legislature. The same is true of the Magistrate unit; that is, a majority in the legislature must include a majority of the Deputies and a majority of the Magistrates. Still, the Deputies and Magistrates sit together as a unicameral legislature. The curious hybrid produced by the document below records the kind of institutional evolution toward bicameralism that probably took place in other colonies but was not formalized until the process was over (see, for example, documents 24, 41, and 54). Complete bicameralism was not achieved until 1698 (see Division of the Connecticut General Assembly [54]).
Whereas it is said in the Fundamental Orders that the general court shall consist of the governor or some one chosen to moderate and four other magistrates at least, it is now ordered and adjudged to be a lawful court if the governor or deputy with other magistrates be present in court with the major part of deputies lawfully chosen. But no act shall pass or stand for a law which is not confirmed both by the major part of the said magistrates, and by the major part of the deputies there present in court, both magistrates and deputies being allowed, either of them, a negative vote. Also the particular court may be kept by the governor or deputy with [3] other magistrates.
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