The Constitutional
Convention of 1902
A
second era of agitation over the constitutional standing of the
Fundamental Orders came in the late nineteenth century when industrial
urbanization called forth the Progressive thrust for reform. The
particular issue that agitated political argument in Connecticut
was the malapportionment of the legislature resulting from nineteenth-century
urbanization. All factions recognized the injustice of the matter,
and both Republicans and Democrats called for adjustments. The
document written in the Constitutional Convention of 1902 was
rejected by the people, however, and Connecticut continued her
rotten borough system, under which in 1900, Union's 428 people
carried as much weight in the House as did New Haven's 108,027.
Call
for reform was presented by Henry C. Robinson in "Constitutional
Reform in Connecticut" Yale Law Journal 3(December,
1893/4)2:41-44. Robinson attempted to counter the Democrats' demand
for a constitutional convention on the grounds that amendment
of the existing document--that of 1818--was the only constitutional
way to alter the system of government. He did agree with the Democrats
that equality of town representation was not necessarily carved
in the stone of the Orders or the Charter and that the Fundamental
Orders were the act of the people, not of the towns. The forces
fighting to maintain the status quo with each town represented
equally regardless of population, found a spokesman in Roger Welles
in "Constitutional History of Connecticut" Connecticut
Magazine 5(1899)2:86-93, 3:159-62. Proportional representation,
Welles claimed would bring government by "the saloon and
the machine." Several other interesting, though partisan,
discussions throw considerable light along with their heat on
the battle of the 1890s. Malben B. Cary's The Connecticut Constitution
(New Haven: Tuttle, Morehouse and Taylor, 1900) is an analysis
of the government with recommendations for revision. Cary becomes
polemical toward the end and includes, in an appendix, long quotations
from newspaper editorials. More soberly, on the eve of the Convention,
he wrote "The Connecticut Constitution, 1900, and the Struggle
for Reform," Yale Law Journal l0(January, 1902):73-79.
There
is no good published account of the Constitutional struggle of
the 1890s, though twenty-three years after the event John H. Perry,
first vice-president of the Convention, wrote a serviceable narrative,
"Constitutional Convention of 1902," in vol. I of Norris
Galpin Osborn ed., History of Connecticut in Monographic Form
(New York: The States History Company, 1925). Perry's account
is the least politically partisan discussion, perhaps because
he wrote two decades after the event but he is, of course, strongly
in favor of the document he helped write and saddened at the lack
of public interest. There is also an excellent doctoral dissertation
that covers the politics of the era, Frederick Morrison Heath's
"Politics and Steady Habits: Issues and Elections in Connecticut
1894-1914," Columbia University, 1965. Heath does not focus
on the constitutional issues, however. A journalistic account
was published in the Yale Review 11(August, 1902) by C.
H. Clark "The Connecticut Convention of 1902." See also
Frank Putnam, "What is the Matter with New England: Connecticut
the State Ruled by its Uninhabited Towns," New England
Magazine 37(November, 1907)3:267- 77.
Moran,
Antonia C. "The Period of Peaceful Anarchy: Constitutional
Impasse: 1890-1892," Connecticut History 29 (October
1988). The election of 1890 was stolen by the Republicans -- clearly
in the case of the under tickets, probably in the case of the
governor. But public perception of the power grabbing politics
involved led to the constitutional amendment that did away with
the rule requiring a majority vote to elect state officers, and
permitted plurality election.
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