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Provided, however, 'That the indebtedness, both principal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexation, of said “ District No. 1," shall be paid by said school district so owing the same by a special tax, to be fixed and certified by the board of education to the council, which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said " District No. 1,” and in case of partially included districts, such tax shall be equitably apportioned upon the several parts thereof.
Sec. 8. Anything in the constitution of this state in conflict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for.
For organic acts relating to the land now included within Connecticut, see in other parts of this work :
Virginia Charter of 1606 (Virginia, p. 3783)."
FUNDAMENTAL ORDERS OF CONNECTICUT—1638–39 *
FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne p'uidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p'searue the liberty and purity of the gospell of our Lord Jesus wch we now p'fesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs; As also in o" Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth :
1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the on the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen frö tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more then one yeare; p’uided allwayes there be sixe chosen besids the Gouernour; wih being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God; wch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte wthin this Jurisdiction, (hauing beene admitted Inhabitants by the maior p't of the Towne wherein they liue,") or the mayor p'te of such as shall be then p'sent.
* Hazard's State Papers, I, 437–441.
a A provisional government was instituted, under a commission from the General Court of Massachusetts (March 3, 1635) to eight of the persons who “had resolved to transplant themselves and their estates unto the River of Connecticut,” “ that commission taking rise from the desire of the people that removed, who judged it inconvenient to go away without any frame of government.--not from any claim of the Massachusetts of jurisdiction over them by virtue of Patent."
Springfield withdrew in 1637 from the association, and the remaining towns-Windsor, Hartford and Wethersfield,-formed this voluntary compact or constitution on the 14th of January, 1638–'39.
2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery p'son p'sent and quallified for choyse shall bring in to the pisons deputed to receaue thē) one single pap" wth the name of him written in yt whom he desires to haue Gouernour, and he that hath the greatest nūber of papers shall be Governor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the p'son nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers than blanks shall be a Magistrat for that yeare; wch papers shall be recea ued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as a foresaid, besids the Gouernor, out of those wch are nominated, then he or they wch haue the most written pap's shall be a Magestrate or Magestrats for the ensueing yeare, to make yp the aforesaid nūber.
3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p'son, nor shall any p'son be chosen newly into the Magestracy wch was not p'pownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election; and the Courte may ad so many more as they iudge requisitt.
4. It is Ordered, sentenced and decreed that noe p'son be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a mēber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any p'te of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be p'sent, and in case of absence by some deputed for that purpose.
5. It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election the seurall Townes shall send their deputyes, and when the Elections are ended they may p'ceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, wich conserns the good of the Comonwelth.
6. It is Ordered, sentenced and decreed, that the Gounor shall, ether by himselfe or by the secretary, send out sumons to the Consta
a This clause has been interlined in it different bandwriting, and at a more recent period.
bles of eu" Towne for the cauleing of these two standing Courts, on month at lest before their seu'all tymes: And also if the Gou'nor and the gretest p'te of the Magestrats' see cause vppon any spetiall occation to call a generall Courte, they may give order to the secretary soe to doe wthin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same; And if the Gounor and Mayor p'te of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of thē, as also at other tymes when the occations of the Comonwelth require, the Freemen thereof, or the Mayor p'te of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor p'te of them shall have power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may p'ceed to do any Acte of power, wch any other Generall Courte may.
7. It is Ordered, sentenced and decreed that after there are warrants ginen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forth wth give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending fro howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble thē selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth; weh said Deputyes shall be chosen by all that are admitted Inhabitants in the seu'all Townes and have taken the oath of fidellity; puided that non be chosen a Deputy for any Generall Courte weh is not a Freeman of this Comonwelth.
The a-foresaid deputyes shall be chosen in manner following: euery p'son that is p'sent and quallified as before exp'ssed, shall bring the names of such, written in seu'rall papers, as they desire to haue chosen for that Imployment, and these 3 or 4, more or lesse, being the nūber agreed on to be chosen for that tyme, that have greatest nūber of papers written for thē shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, wth the Constable or Constables hand vnto the same.
8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable p'portion to the nūber of Freemen that are in the said Townes being to be attended therein; wch deputyes shall have the power of the whole Towne to give their voats and alowance to all such lawes and orders as may be for the publike good, and unto wch the said Townes are to be bownd.
9. It is ordered and decreed, that the deputyes thus chosen shall have power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest p'te of them find any election to be illegall they may seclud such for pósent fro their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne
the p'ty or p'tyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in whole or in p'te. Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment; and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.
10. It is Ordered, sentenced and decreed, that euery Generall Courte, except such as through neglecte of the Gounor and the greatest p'te of Magestrats the Freemen themselves doe call, shall consist of the Governor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, wth the mayor p'te of the deputyes of the seuerall Townes legally chosen; and in case the Freemen or mayor p'te of thê through neglect or refusall of the Gouernor and mayor p'te of the magestrats, shall call a Courte, that yt shall consist of the mayor p'te of Freemen that are p'sent or their deputyes, wth a Moderator chosen by the: In uch said Generall Courts shall consist the supreme power of the ('omonwelth, and they only shall haue power to make laws or repeale thé, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of,, to seuerall Townes or p'sons, and also shall haue power to call ether Courte or Magestrate or any other pison whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this comon welth, excepte election of Magestrats, weh shall be done by the whole boddy of Freemen: In wch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued without the consent of the maior p'te of the Court.
11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Coñonwelth haue agreed vppon any suiñe or somes of mony to be 'leuyed yppon the seuerall Townes within this Jurisdiction, that a Comittee be chosen to sett out and appoynt we shall be the p'portion of euery Towne to pay of the said leuy, p'vided the Comittees be made vp of an equall nuber out of each Towne.
14th January, 1638, the 11 Orders abouesaid are voted.
THE OATH OF THE GOU'NOR, FOR THE P"SENT]
I N. W. being now chosen to be Gounor wthin this Jurisdiction, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadfull name of the everliueing God, to p'mote the publicke good and peace of the same, according to the best of my skill; as also will mayntayne all lawfull priuiledges of this Comonwealth; as also that all wholsome lawes that are or shall be made by law full authority here established, be duly executed; and will further the execution of Justice according to the rule of Gods word; so helpe me God, in the name of the Lo: Jesus Christ.