Colonial Origins of the American Constitution

Contents

Origins i-xl.indd 5 2/17/12 6:03 PM Preface xv Introductory Essay xx Contents NEW HAMPSHIRE 1 Agreement of the Settlers at Exeter in New Hampshire, July 5, 1639 The covenant that created Exeter'sfirst town government. 2 General Laws and Liberties of New Hampshire, March 16, 168o An apparent legal codefor theprovince ofNew Hampshire that also lays out the government's institutions andpowers. MASSACHUSETTS 3 Agreement Berween the Settlers at New Plymouth (The Mayflower Compact), November 11, 1620 The oldest and mostfomous colonialpolitical covenant. 4 Plymouth Oath ofAllegiance and Fideliry, 1625 The oldest surviving citizenship oath-designed to bringpost-1620 arrivals into the Mayflower Compact agreement. 5 The Salem Covenant of1629 Another citizenship oath, but one thatfUnctionedfor severalyears as the only basisfor town government. 6 Agreement of the Massachusetts Bay Company at Cambridge, England, August 26, 1629 An equivalent to the Mayflower Compact but written by the colonists in England before they set sail. v 3 5 31 33 35 Origins i-xl.indd 6 2/17/12 6:03 PM CONTENTS 7 The Watertown Covenant ofJuly 30, 1630 38 Strictly speaking a church covenant, it is also apolitical covenant because the settlers were establishing a theocracy. 8 Massachusetts Election Agreement, May 18, 1631 40 The oldest colonialprovisionfor aformal electoralprocess. 9 The Oath ofa Freeman, or ofa Man to Be 41 Made Free, 1631 Until I6JI almost allfreemen had been politically bound by the church covenant. This oath covered nonchurch members. 10 The Massachusetts Agreement on the Legislature, 43 May 9,1632 Thefirstformal specification ofMassachusetts political institutions and, although brief, stilla protoconstitution. II Cambridge Agreement, December 24, 1632 45 Town meetingspredatedthis document, but it is the oldest surviving agreementformally establishing the institution. 12 Dorchester Agreement, October 8, 1633 46 Establishes a town meetingand is the oldest document to create an elected council to run government between meetings. 13 Cambridge Agreement on a Town Council, 48 February 3, 1634 An ordinancepassed by the town meeting creating a town council. 14 Massachusetts Agreement on the Legislature, 50 May 14, 1634 A revision of, and enlargement upon, TheMassachusetts Agreement on the Legislature fro], which looked like a constitution and essentiallyfunctioned as one. 15 The Oath ofa Freeman, May 14, 1634 52 Replacementfor The Oath ofa Freeman [9], which reflects an evolving sense ofcitizenship by not requiring church membership. r6 Salem Oath for Residents, April r, 1634 54 An oathfor noncitizen residents. 17 Watertown Agreement on Civil Officers, August 23, 1634 56 Ordinance establishing the town'sfirst civil offices. VI Origins i-xl.indd 7 2/17/12 6:03 PM Contents 18 The Enlarged Salem Covenant of1636 Much longer than the document it replaces, The Salem Covenant ofi629 [s], this covenant dwells on the values and commitments held in common. 19 Plymouth Agreement, November 15, 1636 A briejpowerfulstatement ofpopular sovereignty-insertedlater into the Pilgrim Code ofLaw [20]. 20 Pilgrim Code ofLaw, November 15, r636 Not really a code oflaw but apolitical covenant/compact that looks like andserves as a true constitution. 21 Dedham Covenant, 1636 The agreement that established Dedham's town government. 22 The Massachusetts Body ofLiberties, December r64r Important code oflaw that contains most ofthe rights in the US. Bill ofRights, at least eight ofwhich originate here. 23 The Combination of the Inhabitants upon the Piscataqua River for Government, October 22, r641 A political compact resting town government on popular sovereignty. 24 Massachusetts Bicameral Ordinance, March 7, 1644 Thefirst explicit creation ofa bicamerallegislature. 25 Massachusetts Ordinance on the Legislature, November13, 1644 An ordinance altering the size and mode ofelecting the legislature. 26 The Laws and Liberties ofMassachusetts, 1647 A codification ofearlier laws, this organic act alsofunctioned as a constitutionfor the colony. 27 Massachusetts Ordinance on Legislative Procedure, October 18, r648 The earliestformal specification ofinternal legislativeprocedures in the colonies. 28 Towns ofWells, Gorgiana, and Piscataqua Form an Independent Government, July 1649 Three towns in an area claimed by Massachusetts later to become Maine usea compact to create ajointgovernment. VII 57 6o 61 68 70 88 92 95 139 Origins i-xl.indd 8 2/17/12 6:03 PM CONTENTS 29 The Cambridge Agreement ofOctober 4, 1652 The Cambridge town meeting lays out the basic values and principles that are to guide Cambridge's elected representatives. 30 Puritan Laws and Liberties, September 29, 1658 A revision ofthe Pilgrim Code ofLaw [20] and thus, in effect, an amending ofthe constitution ofthe Plymouth Colony. 31 An Act of...