History of The Connecticut Constitution - The Story of The Charter Oak

The Story of The Charter Oak

For one brief period in Connecticut history, neither the authority of the Fundamental Orders, the Charter, or a constitution governed the state. Edmund Andros was appointed governor of New York in 1675, and promptly demanded that Connecticut surrender its charter and fall under his authority. Connecticut refused to submit and Andros lay dormant until 1686, when he served a writ on the governor, again demanding the surrender of the charter. By October 31, 1687, Andros decided to take matters into his own hands, arriving in Hartford with a band of soldiers.

While the historical accuracy of the story is somewhat uncertain, legend has it that Andros meet with the leaders of the colony one night at the meetinghouse where the charter was to be relinquished. With the Charter lying on a table, colonists blew out the candles throwing the shadow of darkness over the room. When the lights were reignited, the Charter had vanished. Joseph Wadsworth absconded with the document and hid it in an oak tree on the Wyllys estate. This tree thereafter became known as the Charter Oak, a famous landmark in Connecticut. While the accuracy of this tale has never been confirmed, one thing is for certain: Edmund Andros never got his hands on the Charter.

Despite this accomplishment, Andros briefly succeeded in forcing Connecticut to succumb to his rule. The General Court of Connecticut declared itself dissolved. Andros’s reign ended in 1688. The Glorious Revolution took place in England in November of that year, and James II of England was overthrown in favor of William and Mary of England. Andros was deposed from power shortly thereafter.

Connecticut was left with several options of how to restart its government. Some advocated for direct ties to the crown with a royal government. Others lobbied for the drafting of a completely new charter. Ultimately, Connecticut opted to return to the status quo. The government under the Charter was reinstated, including the reinsertion of all leaders previously in place before the interruption. In May 1689, the General Court issued a declaration that, “all the laws of this colony formerly made, according to the Charter, and Courts constituted in this colony for administration of justice as they were before the late interruption, shall be of full force and virtue for the future…” After reaching this conclusion, the colony quickly petitioned the newly installed monarchy for approval of their return to operation under the Charter. In the mean time, Benjamin Fletcher, the new governor of New York, attempted to claim military authority over Connecticut. Fitz John Wintrop, John Winthrop, Jr.’s son, went as the emissary to England much like his father had more than thirty years earlier in 1661. Also like his father, Fitz Wintrop proved successful in his mission. The Attorney General and Solicitor General reported to King William III of England that the charter remained valid, and the king ratified this report on April 19, 1694. This represented the end of serious challenges to Connecticut’s sovereignty.

For the rest of its colonial history, Connecticut dealt with the Charter much the same as it had the Fundamental Orders. The Charter could be altered simply by a majority vote from the General Assembly. This was particularly remarkable, because the Charter had been granted by the signature of the king, yet London was never consulted about alterations of the Charter. This suggests that Connecticut primarily sought authorization for self-government from the king, but that it did not expect England to supervise the evolution of its government.