The compact theory, especially as put forth by John Locke in justification of the English Revolution of 1688, was generally accepted in America by the constitution makers of the Revo lutionary period. Its principles as explicitly set forth not only in the Declaration of Independ ence, but in all the State constitutions as well, were that the people have the natural right to abolish or alter their form of government when in their judgment it has become destructive of their rights. Seven of the constitutions ex pressly declare that their former relations are dissolved because the king had violated the com pact. This served as the basis for the legal de fense of their action. Sovereignty, it was com monly held, rested in the people, and from them alone emanated the power to inaugurate a new form of government. But in practice they de parted somewhat from this theory. Although in most of the States the people were consulted through their choice of representatives to a pro vincial convention, which should draft a frame of government, there were several exceptions, as in the case of both the constitutions of South Carolina. Neither was the Virginia Provincial Convention, nor the New Jersey Congress spe cifically empowered to frame a constitution, but each assumed that they were authorized to act in accordance with the advice of Congress. Again in the framing of the early Revolutionary constitutions that careful distinction that came later to be made between a legislative body and a constitutional convention was not observed.
Owing to the exigency of the times, the Provin cial Congress or Convention in each of the States that framed constitutions during the years 1776 and 1777, with one exception, acted not only in the capacity of a constitutional con vention, but also assumed the powers of legisla tion and administration. The one exception was in the State of Delaware, where a convention not only was chosen for the express purpose of framing a constitution, but dissolved upon the completion of that work. None of these con stitutions was submitted to the voters for their approval, but went into operation at once upon their adoption by the convention. The first State to inaugurate the practice of seeking the sanction of the people upon the work of the framers was Massachusetts in 1778, but the pro posed constitution was rejected by the voters. Two years later a constitution which had been drawn by a convention elected for the sole and express purpose of framing a fundamental law, was adopted by the people of Massachusetts. This practice was followed by New Hampshire in the inauguration of its second constitution in 1784.
The State constitutions reveal the continuity in the development of American political insti tutions. They have been called by Bryce ((the oldest things in the political history of America, for they are the continuations and representa tions of the colonial charters." It is in the
colonial charters, especially in the corporate colonies, that we find their prototype. These documents served as the written constitutions of the respective colonies, according to which they were governed. So liberal were those granted to Connecticut and Rhode Island that they served these States respectively until well into the 19th century. But in addition to the charters there were other elements that entered into the State constitutions. The colonists had a century and a half of experience to draw upon, during which their governments had un dergone great development and many new fea tures both written and unwritten had been added to their fundamental law. Moreover, at the basis of all their legal ideas was the English constitution and the common law, both of which profoundly and perhaps unconsciously influenced them. They also accepted the pre vailing political philosophy of the age, as above indicated—which was derived chiefly from English sources, although no one writer ex erted a greater influence upon them than Mon tesquieu (q.v.) through his 'Spirit of Laws.' Speaking generally first State constitutions were little more than the pre-existing colonial constitutions adapted to the changed circum stances?) The main features of the constitution con sisted of the Bill of Rights (q.v.),— in some in troduced by a preamble,— and the constitution proper. Eight of the instruments of this period, i if we include Vermont, were prefaced by bills or declarations of rights, and in the other con stitutions there were important provisions of this character. The first of these was adopted by Virginia, and was drafted by George Mason. To a considerable extent it served as a model for the other States. In all the bills of rights there were some 100 different pro visions. They were a statement of what Amer icans regarded as the inherent rights of man. While doubtless suggested by the English Bill of Rights, they were much more comprehensive and explicit than their English prototype, and deal much more with the rights of the individ ual. Thus typical provisions are the declaration that °all men are born free and equal ,° and are to be protected in their personal and property rights. Freedom of religion, freedom of speech, the right to bear arms and of trial by jury are all carefully guarded. Similarly the freedom of the _press, freedom of election, the right of as sembly and ofpetition are guarantied. Exces sive bail and fines, cruel and unusual punish ments, unwarranted search and seizures, the quartering of troops in times of peace are all prohibited. The granting of titles of nobility, hereditary honors or exclusive privileges are forbidden. All of these are principles that have been accepted as essential to the perpetuity of a democratic republic.