Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-10-24
CONNECTICUT TOWNS.

CONNECTICUT TOWNS.
The Ancient system of Town Cow
ernments - Indestructible Repub. |
lies.
To the Editor Of the JOURNAL AND COURIER:
In these days of political agitation and
assaults made upon the ancient system Of
town governments-governments whose
right to exist is founded and imbedded in
the state constitution, it is well to call
halt at times and look at this system, its
antiquity and its merits, and to consider
the indestructibility of the town govern
ment as viewed in constitutional light
by some of our ablest and most profound
legislators and jurists. Senators Hawley
and Platt, it is well known, are staunch
advocates of this system and its indestruc-
tibility, as also is the Hon, N. D. Sperry;
and the late Ex-Governor English and the
late ex-Mayor WEIGH were equally I'M
swerving in their adherence to the same
view of the case.
At this time it is well to call to mind an
unanswerable speech on the subject which
was made by our distinguished townsman
Ex-Governor Harrison, at Woodstock.
After eloquent Introductory words the
distinguished speaker said: For this town
of Woodstock is Connecticut town. AS
such it is endowed with all the rights and
powers which belong to every Connecticut
town. It is political organism of pecu-
liar character, worthy the careful study of
every political philosopher. 1t is, in fact,
a little republic in itself-an indestructible
republic in which the principle of demo-
cratic government has full play and where
the free action of that principle is guaran-
teed by the strongest constitutional de-
lenses. It may be worth our while to look
at this little republic for few moments
and see how it is organized, what are its
powers and how it acts.
The people Of Woodstock number not
far from 5000. They constitute town.
ALI the powers of the town are exercised
by the "freemen" or legal voters, some five
or six hundred in number. The suffrage
is manhood suffrage, and the freemen are
all equal in rights. They constitute the
legislative body, the town meeting. and
they choose all the town officers. The basis
of the town organization, therefore, is alb
solutely democratic. The town is a free
democracy.
It is indestructible. The constitution
confirms its perpetual existence. The
government of the state cannot destroy it,
or merge it in any other town without its
consent.
It elects its own officers of local govern
ment-not by permission of the general
assembly, but in its own right. The con-
stitution gives it the indefeasible right of
electing, annually, its own se1ectmen, and
all it's other numerous officers of local po-
lice. The state government cannot take
,ssrrI,t fv,fo
1t elects its own justices of the peace,
each of whom is vested with a limited,
but still considerable, jurisdiction in civil
and criminal causes. The state govern
ment cannot appoint them. Nobody but
| the freemen of the town itself can appoint
| them.
The officers of the justice courts-the
grand juror, who prosecutes criminals be-
| fore them, and the constable, who serves
| their process and executes their judgments
are appointed by the town. The state
government cannot appoint them, or inter
| fere with the action of the town in ap-
pointing them, SO long as their offices
| exist.
As probate district it elects its own
| judge of probate, who exercises that wide
| jurisdiction over the settlement of estates
the appointment of trustees and guardians
and SO forth, which is usually exercised
by courts of probate, or surrogates or or
phan's courts, as they are sometimes called
in other states.
A probate district may include two O.
more towns. But each one of thirteen GU
of fifteen towns in this county is a probat
district by itself. Woodstock is such
district. The freemen of this town, there
fore, choose their own judge of probate
and the state government cannot take ava,
1 1t, xs1Lk 10 Z A,.1 h
| probate system, strange as the fact ma,
seem to lawyer unacquainted with it
works well, for reasons which I have NJ
time now to explain.
By permission of the state the town ex
ercises many other rights and powers
rights and powers which the state coult
take away, but is not likely to take away
many of them being consecrated by tradi
ton and rooted in the habits of the people
It exercises control over public educa
ton within it's limits, and generally owe
all its local affairs.
It's board of health is vested with thos
great and indefinite "police powers" 81
called, over persons and property which
must be vested somewhere for the protsc
ton of the public health
| It legislates in town meeting on a grea
variety of subjects specially enumerated il
the statute book, and, finally, it possesse
the broad general powers expressed by tn
statute in these words: Clowns may max,
such regulations for their welfare, not con
corning matters of criminal nature, no
repugnant to the laws of the state, as the,
may deem expedient, and enforce them b,
penalties not exceeding S. for on
breach"
Am I not right then in saying that thi
town of Woodstock is republic, a free
| democratic republic, an indestructible re
public, exercising great and various pow
ers of government, many of which are be
You'd the reach of interference, even from
the government of the state itself!
This little republic has another indie
feasible right-the right of sending tw'
representatives to every session of tn
general assembly; an immemorial RICH
which the government of the state canno
infringe.
Connecticut is small state, almost in
visible among the greater states of thi
Union, and yet within her narrow limit
are one hundred and sixty-seven of thes
little republics. By their indissolubl
union they constitute the state, and exer
else, through the state government, thos
governmental powers which it is practi
cally impossible for them to exercise in
dividually.
This system of town government NOR,
or less closely resembles that which pre-
walls in some of the other states, especial,
the other New England states; but think
although will not positively assert, tina
here in Woodstock, and in the other Con
necticut towns, the democratic principa
of government by the people is carried GU
more radically and protected NOR
thoroughly by constitutional safeguard
than it is in most any other state ant
country in the world.
I do not say that this system has no de
fects. 1t has defects which, in some o
the larger towns, have made necessary tn
establishment of supplementary city ant
borough organizations (also democratic il
character, however), toco-operate with tn
town organizations within those towns.
do not say that the system is perfect il
all other respects. do say that it forms
broad and deep and granite base for tn
free common wealth which for two centur
les and half has rested firmly upon it.
It has answered for us the question
whether republican government can lon
endure. For, since it was established here
kingdoms and empires have risen and fall
en-, while it has remained mistaken.
For two hundred and fifty years thi
system has existed in Connecticut, varying
Tin details, but unchanged in principle an,
substance. It has been strong in peace an,
strong in war. If you ask whether it ha
promoted the prosperity and happiness o
the people, look around you.
Here, then, if anywhere, may we appro
priately celebrate the birth Of the grea
republic; here in the center of the littl
republic of Woodstock, a republic olde
than the great republic itself, thougl
younger by more than hundred year
than some of her little sister republics o
Connecticut.
Most cordially do unite with my fello,
citizens in welcoming our distinguishes