Norwich bulletin., 1919-05-10

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 At the centennial celebration of the general assembly, Ex-Governor Slime un E. Baldwin spoke upon constitu- tion Liberty in ConnectIcut as fol- lows:
 Every ciuzen of Connecticut is
 proud to belong to the first common | wealth known Ill the history of man
 kind to have been founded on d so- l cial compact expressed ii the form l of q written constitution. Here in her original capital in 1859, |
 that great charter Of liberty was pre- sented and deliberately accepted ln a 1
 free assembly of those whom it was
 thereafter to govern Two hundred l
 and eighty years have passed since 1
 the freemen Of Connecticut took this
 great step of formally constituting
 themselves a public corporation for the purpose or self government For that, they solefnnly declared. we do therefore associate and conjoin our selves to be as one public state or commonwealth
 What right had they to assume to
 exercise a power so great?
 Every advance in the law changes the law. It makes something unlaw ful that before was lawful, or some
 thing lawful that before was unlaw- | full The Fundamental Orders of
  l dent government in an for Connec- l ticut. She needed somethig better than she has to guard her liberties | and under existing circumstances | she must herself supply the want. | For ten long years there has been no l power of parliament by which such | a government could have been ere
 ated. What was needed was, in the 1 phrase of our times, the setting up of l ,y-5,5 1~ no l which Connecticut created for her self, if events were propitious, might stand alone and unaided If the fast coming civil war went against the 1 king it might find q sanction in par l lament If the moarchy Weathered the storm, tho new king might re- cognize and confirm it.'
 Early Power of Legislature
 After a brief characterization of the men who formed the expression of the l Fundamental Orders and reference to principles of English constitutional
 history which were here applied, the speaker called attention to the pro-
 vision that the supreme power of the commonwealth" should be in the gen eral assembly, which might pass laws 1 touching any matter that concerned the good of the state except election , of magistrates, which done by the } whole body of freenen.
 For a hundred and eighty years this continued to be the policy of Con , sine had, governor with little pow J CT. The court were creations of the legislature, and by the legislature : their judgments could be set aside. We did indeed possess from as early : a date as 1850 our Magma Charta.' Il : is placed at the beginning of the Lud low code, adopted in that year, and was long one of the foundation stones : of our legislative structure.
 l its stately and son0rous declara- tions, fulfilling the office of a bill ot e rights, he explained after reading $ from them, were substantially copied from the jaws of Massachusetts > known as the body of liberties They e came at the beginning of their first l code, adopted nine years before. Ma d thaniel Ward of that that colony wa e their author, minister who had beer e bred originally to the law.
 0 But the authority which set Ill h these guarantees could alter or repea s them. Without any formal repeal, i e could practically disregard them. - repea tedly did. How far it could g = in such directions was a matter restin! h in it's own discreitnen.
 = Chief Justice Swift published il e 1I95 a general statement of the law l. of Connecticut. He regarded tn o fundamental. orders of 1859 as occu g pying when originally adopted, the DO s, sitiOn Of a constitution, and as be = ing confirmed in substance by the co l. lonial charter obtained in 1862 iron ,ei Charles II. But he considered ques 'e tions as to the conformity with it o
 lc,H ,IoT ,v to be answered in all ordinary case IF only by the general assembly itself. y Power Of Judiciary.
 - These positions were not sustain d5' ed by public opinion" Judge Ba1d er I, win declared, alter reading from tn a justices writings. The Juoiciar tt 1t asserted, and finally naintaIned. il 1T, right to determine the constitutional ,e ,e ty of any statute winch mignt De at .e lacked before it.
 ,d "Be1oEe 1918, much, if not most w the important 3usines belonging nat ,e urally to the courts was brought be n fore the general assembly. II hear ii appeals from the superior court. lv heard claims which would net | ss remediable by judicial authority. "a heard chancerS eases if they involve ,d large amounts in Taiue.
 In 1898 q law was passed dividin
 the general asser0bly into two house ,0 This was followed. after q while, | ' yesting power to hear appeals c i points Of law in the upper hou> ie alone. For the disposition of cause It within their original Jurisdiction
 both houses sat together for d joil le hearing, and the principal part l. their sessions were thus employt tn during a long period of years. re The constitution of ISIS W. le adopted lcaia.y for the purpose Ill setting up a fine of demarcation bt ee tween the Legislative and judfci LII departments ol the state governner at It was proposed in the constitution 1d convention. ill a report by it's pril be cipal committed, that the powers tn government should be divided in, ly three distinct departments, none g which should exercise any pow, a properly belonging to either of u e. others, except as should be other wi
 expressly directed or pernitte Je This section was struck out. witho he a division, 3 plain indication of is general feeling that these depar ,o distinct. After the constitution h; 1o been adopted. this feeling was Il ,o without an effect on the practice u oo der it. It was claimed by many tn s+ there was still 9 reserved=poWer in u is general assembly, and that there W ,,1 no entire separation between the le "A, -t islativ and judicial departments. IT el. ar. court for time took this view.' y Decision on Wheeer's Appeal. pt The former governor then traced u as causes which deprived the general a a. sembly, in the course of it's subs in quent history, of much of it's origin ets powers. Since 1897, he stated. ay could be regarded as definitely satti