The Anti-Federalists early began to probe for weak spots in the constitutional government of Connecticut. The Fundamental Orders had given four deputies to each of the three original towns, and had made the number of deputies from each new town proportionate to its population. The Charter had limited the deputies to two from each town. The Fundamental Orders gave the General Court, composed of Governor, Magistrates or Assistants, and Deputies, supreme governing power, including, together with that of legislation, the granting of levies, the admission of freemen, the disposal of public lands, and the organization of courts. It had also a general supervision over individuals, magistrates, and courts, with power to revise decisions and to mete out punishments. The Charter of 1662 did not materially alter the laws and customs of the government as previously established under the Fundamental Orders, or the "first written constitution." The Charter emphasized the executive, and began the segregation of the Upper House or Council, since by it the "Particular Court" of the founders became the Governor's Council, serving upon like occasions, but requiring the presence of at least six magistrates for the transaction of business. The Particular Court had consisted of the Governor or Deputy-Governor, and three Assistants. In emergencies occurring during adjournment of the General Court, the Particular Court was to serve in place of the larger body. After 1647 this special court could consist of two or three magistrates who, in the absence of the Governor or Deputy-Governor, chose one of their number to act as moderator. After 1662 the formula of the General Court "Be it ordered, enacted and decreed" was changed to "Be it enacted by the Governor and Council and House of Representatives in General Court assembled." At the regular session of the General Court or General Assembly, the Councilors first sat as a separate body in 1698. After the Declaration of Independence this Upper House or Council became the Senate, and for many years was referred to under any one of the three names.
The power of the General Court--this jumble of legislative, executive, and judicial--worked well so long as the community consisted of a few hundred or a few thousand souls with little diversity of sentiment or industrial interest. It was not until the last quarter of the eighteenth century that the inefficiency of the "first written constitution" began to be felt. Then there arose the need of a new constitution to modify the body of laws and customs that had grown up; to destroy much of the erroneous legislation that in effect perverted or nullified their original intent; and to furnish a constitutional basis for the government of a larger and less homogeneous people. Here and there a few thoughtful men, irrespective of their church or party, were beginning to apprehend the difficulty of piloting a democratic state under the old royal charter. The more prominent among them belonged to the Anti-Federal party, and naturally they sought to expose the constitutional difficulties which they believed impeded progress. [b]