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Connecticut Supreme Court History
Volume II (2007)
THE ORIGINS OF CONNECTICUT’S CONSTITUTION OF 1818:
A REVIEW ESSAY ON NEW DOCUMENTARY SOURCES
Donald W. Rogers
Abstract
As in most states, the documentary
record of Connecticut’s early constitutional evolution has
been sparse. Until today, the Connecticut Public Records
have promulgated the enactments of the state’s charter-based
General Assembly only down through 1815. Now, with the
publication of Volumes XVIII (1816-1817) and XIX (1818) of
The Public Records of the State of Connecticut,
edited by Douglas M. Arnold, and with the release of
Original Discontents: Commentaries on the Creation of
Connecticut’s Constitution of 1818, compiled by Emeritus
Professors Richard Buel, Jr. (Wesleyan University) and
George J. Willauer (Connecticut College) of The Acorn Club,
the public record on Connecticut’s 1818 Constitution will be
more complete. Indeed, the documentary materials presented
by these new volumes will likely stimulate fresh thinking
about the 1818 Constitution’s founding and “original
meaning.”
With the publication of new volumes of the
Public Records and Original Discontents,
lawyers and scholars can now reevaluate these differing
perspectives on Connecticut’s Constitution of 1818,
particularly in regard to the historical origins of that
constitutional transformation, the composition of the reform
coalition, and the kind of changes that the new government
of 1818 actually brought about. In the way of new evidence,
the Public Records offer transcriptions of the
Connecticut General Assembly’s legislative enactments based
on the official manuscript record of the Assembly’s acts,
resolutions and appointments archived at the Connecticut
State Library, and they include the text of other pertinent
documents, such as speeches, debates and drafts of the
Constitution of 1818. Both of the new volumes of the
Public Records begin with up-to-date Introductions by
Douglas Arnold that place the work of the General Assembly
and constitutional convention in historical context.
Footnotes and bibliographic notes will offer researchers a
solid guide to the scholarly literature.
Buel’s and Willauer’s Original Discontents provides an invaluable
supplement to Volume XVIII by illuminating the emerging
political struggle more explicitly.
This essay, in addition to describing
the new volumes, adds interpretive commentary to place these
works in historiographical context.
Connecticut Supreme Court
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