CONNECTICUT. 



171 



Conneeti. twelve assistants or counsellors, and the representatives 



cut - of the people, styled the General Assembly. The go- 



."""" vernor, deputy-governor, and assistants, are annually 



tion. ' " chosen by the freemen in the month of May. The re- 

 presentatives, of whom the number is not to exceed 

 two from each town, and who generally amount from 

 160 to 180, are chosen by the same body twice in the 

 year, to attend the two annual sessions held on the se- 

 cond Tuesdays of May and of October. The general 

 assembly is divided into two branches, distinguished as 

 the upper and lower houses : the former is composed of 

 the governor, deputy-governor, and assistants : the lat- 

 ter of the representatives of the people. No law can 

 pass without the concurrence of both these houses. The 

 assembly, in its collective capacity, has power to erect 

 judicatories for trying causes civil and criminal, as 

 well as to establish laws for settling the forms and ce- 

 remonies of government. The judges of the superior 

 court there appointed, hold their offices during the 

 pleasure of the same assembly. The judges of the 

 county courts and justices are appointed annually. 

 Sheriffs are nominated by the governor and council 

 without limitation of time. The governor is captain- 

 general of the militia ; the deputy-governor lieutenant- 

 general : all other military offices are appointed by the 

 assembly, and commissioned by the governor. The free- 

 men in general are eligible to any office of government : 

 their qualifications are maturity in years, quiet and 

 peaceable behaviour, a civil conversation, and freehold 

 estate to the value of 40s. per annum, or £&0 personal 

 estate in the list, certified by the select men of the 

 town: it is necessary also that they should take the 

 oath of fidelity to the state. 



The people of Connecticut have had the good sense 

 to avoid a change of constitution, notwithstanding the 

 declaration of independence. The revolution which so 

 essentially affected the government of most of the colo- 

 nies, produced here no very perceptible effect. While 

 under the jurisdiction of Great Britain, thk state elect- 

 ed its own governors and all subordinate civil officers, 

 and made its own laws in the same manner, and with 

 as little controul as it still continues to do. Connecti- 

 cut has ever been a republic, and exhibits perhaps one 

 of the best examples of a perfect and happy government 

 of that kind. While other states accordingly more mo- 

 narchical in their government and manners, have been 

 laid under the necessity of introducing, in both respects, 

 important and difficult alterations, Connecticut has pro- 

 ceeded uninterruptedly in her old track, and thus has 

 escaped the convulsions by which they have been so 

 much torn and agitated. 



Courts, &c. The common law of England, so far as it is applicable 

 here, is considered also as the common law of this state. 

 The reports of adjudication in the courts of King's 

 Bencli, Common Pleas, and Chancery, are accordingly 

 read in its courts as authorities; which are, however, not 

 deemed by the judges to be binding, further than as they 

 are founded on solid reasons directly affecting their state, 

 or sanctioned by concurrent adjudications of their own 

 courts. Pardons and reprieves can be granted only by 

 the General Assembly, likewise commissions of bank- 

 ruptcy, or protection to the persons and estates of un- 

 fortunate debtors. The supreme court of errors, con- 

 sisting of the deputy-governor and twelve assistants, 

 determine writs of error brought on judgments of the 

 superior court. This latter, which is a circuit court, and 

 has two stated annual sessions in each county,, consists 

 of five judges, who have authority in all criminal cases 

 extending to life, limb, or banishment, and other high 



crimes and misdemeanors, also to grant divorces, and Connecti- 

 to hear and determine all civil actions brought by ap- "* 

 peal from the county courts or the court of probate, „ t~&t 

 and to correct the errors of all inferior courts. Of the 

 courts of probate, the peculiar province is the probate 

 of wills, granting', administration on intestate estates, 

 ordinary distribution of them, and appointing guardians 

 for minors. The county courts, which are held re- 

 spectively bj' one judge and four justices, have juris- 

 diction in all criminal cases arising within their several 

 counties, where the punishment does not extend to life, 

 limb, or banishment. They have original jurisdiction 

 also in all civil actions which exceed the cognizance of 

 a justice. Of the justices, a number of whom is ap- 

 pointed annually in each town by the General Assembly, 

 the authority extends to the hearing and determining of 

 civil actions, where the demand does not exceed four 

 pounds, likewise to small offences, punishable within 

 prescribed and very narrow limits, by fine, whipping, 

 or sitting in the stocks. Writs are issued through the 

 state, by assistants and judges, as by the justices through 

 their respective counties. In these must be contained 

 the substance of the complaints or declarations which 

 give occasion for them ; and if neither of the parties 

 show good reason for delay, the causes are heard and 

 determined the same term to which the writs are re- 

 turnable. The plaintiff has always his election to at- 

 tach or to summon the defendant. There is here no 

 attorney-general, but there is an attorney to the state 

 for each county. Few of what are called the fictions of 

 law are here known or put in practice. The county 

 courts admit and qualify those who are to act as prac- 

 titioners before them, who being so admitted, have the 

 privilege, without farther qualification, of practising in 

 any court of the state. 



In this state the feudal system of descents has never 

 been adopted. The whole real property of intestates 

 is divided equally among the children, males and fe- 

 males, the eldest son, however, having a double por- 

 tion ; and it is provided, that all estates given in tail, 

 must be given to some persons then in being, or to 

 their immediate issue, or shall become fee-simple estates 

 to the issue of the first donee in tail. The widow of an 

 intestate is entitled to a third part of the personal estate 

 for ever, and during her life to a third part of the 

 houses and lands which belonged to him at the time of 

 his death. With a view to the defraying of the public 

 expences, all freeholders in the state are required by 

 law to give in, at a particular season, lists of their polls 

 and rateable property to persons appointed in. the se- 

 veral towns to receive them. These being valued, are 

 arranged in proper order, and forwarded to the general 

 assembly. On their amount, taxes are levied at rates 

 per pound proportioned to the extent of the sums pro- 

 posed to be raised. The ordinary annual expences of 

 government before the war, amounted to near £4000 

 sterling, exclusive of that which was appropriated to the 

 support of schools. This amount has since been increased. 



The territory of Connecticut, at the time that the Territory. 

 English first arrived thither, was possessed by the Pe- 

 quot, the Mohegan, Podunk, and many other smaller 

 tribes of Indians. The Pequots were numerous and 

 warlike. Their country extended along the sea coast 

 from Paukatuck to Connecticut river ; and about the 

 year 1630, their conquests, besides other territory, 

 reached over a considerable portion of what is now com- 

 prehended under this state : the seat of the sovereign 

 of the whole nation was Pequot. The Mohegans wera 

 numerous, and their territory extensive, containing most.- 



