CHAPTER VI.

The Manner in which a State Constitution is formed.

§ 1. THE manner in which state constitutions are made and adopted, may not be known by all who are just entering upon the study of the science of civil government. To show how this act of political power is nerformed by the people, will be the object of this chapter.

2. It has been remarked that all the citizens of a large community, unable to meet in a single assembly, choose representatives to make the laws. So a constitution is framed by delegates or representatives chosen by the freemen of the state for that purpose. Delegate and representative are words of similar meaning. Members of representative assemblies, other than legislative bodies, are, however, generally called delegates, and the assembly of such delegates is called a convention.

§ 3. The number of delegates composing a convention to frame a constitution, is usually the same as the number of representatives in the most numerous branch of the legislature. The number elected in each county is the same as the number of representatives from each county in the representative branch of the legislature, and they are elected in the same manner as members of the legislature and other officers are chosen. In the New England states, representatives are apportioned among the towns instead of counties.

§ 4. A convention to frame or amend a constitution is authorized by a law of the legislature. The necessity of such authority is apparent. Without some law prescribing the manner in which members are to be elected, declaring who shall be entitled to vote at such election, and providing for the punishment of unlawful voting, the utmost irregularity and disorder might prevail. What, for instance, would hinder a man from voting in more places than one? or a citizen of another state or a foreigner from voting? Or how could a person offering to vote be compelled to make oath as to his qualifications, or be punished for false swearing if he should commit such offence?

§ 5. But as it is deemed inexpedient to make great changes in a constitution, or to form a new one, unless desired by a majority of the people of the state, the law authorizing a convention for this purpose, usually provides for submitting to the people the question whether such convention shall be called, which question is to be determined by the voters of the state at some previous election. Ballots of two kinds are prepared, on one of which is written or printed "Convention," and on the other, "No Convention.". If, on counting the ballots, the greater number of votes shall have been given for a convention, such convention shall be held.

§ 6. The law also designates a day for the election of delegates in case a convention is to be called, prescribes the manne in which the election is to be conducted, and declares who shall be entitled to vote at such election. The same rules and egulations are usually observed at these elections as at those held for other purposes.

$7. The delegates thus elected meet on the day and at the place appointed by law, (usually at the set of government of the State,) and continue in session until they have agreed upon a form of a constitution, which is then submitted to the people for their adoption at an election on a day designated by the law. If, at such election, a greater number of votes shall be given in favor of the proposed constitution than against it, it becomes the constitution of the state.

§ 8. Constitutions sometimes need amendment. The increase of population, the arising of new interests, and various other causes affecting the condition of the people of a state, may require corresponding changes in the constitution. These alterations, however, are not always of such a character or so great importance as to justify the labor and expense of calling and holding a convention. It is usual, therefore, in framing a constitution, to insert in it an article providing some other mode of amendment. Different constitutions provide different modes. In some states, articles of amendment are proposed by the legislature, and submitted to the people for adoption at a future election. In others, amendments thus proposed by one legislature, are acted upon by the next legislature; and, having been agreed to by two successive

legislatures, such proposed amendments become a part of the constitution

EXERCISES.

1. What is the subject of the last chapter? By whose act is a constitution adopted?

§ 2. By whom is a state constitution framed? Define delegate convention.

§ 3. By what general rule are the delegates apportioned among the several counties or towns?

§ 4. By what authority does a constitutional convention act? Why is such a law necessary?

§ 5. How is it generally determined whether a convention shall be held?

§ 6. What general provisions does a law authorizing a convention contain?

§ 7. Where do the delegates usually meet? After a constitution has been framed, what is necessary to its ratification?

§ 8. Are all amendments of constitutions made by conventions? What modes of amendment are usually prescribed by constitutions? What mode is prescribed by the constitution of this state?

CHAPTER VII.

Of the Division and Distribution of the Political and Civil

Powers.

§ 1. HAVING explained the nature of a constitution, and shown how it is made and adopted, it will be next in order to show what the government of a state under such a constitution is, and how the government is administered. In a representative government like ours, there is necessarily a division of power into political and civil; the former being that which is exercised by the people in their political capacity as a body politic, in adopting their constitution and electing the

officers of government; the latter, that which is exercised by the officers thus elected in administering the government.

§ 2. For purposes of administration, the government of a state is divided into three departments; the legislative, the executive, and the judicial. The legislative department is that by which the laws of the state are made. The legislature is composed of two bodies, the members of which are elected by the people.

§ 3. The executive department consists of a governor, assisted by a number of other officers, some of whom are elected by the people, and others are appointed in some manner prescribed by the constitution and laws. The governor is elected in all the states except Virginia and South Carolina; in these he is chosen by the legislature. It is the business of the governor to see that the laws are executed or carried into effect. He oversees the general business of the state, and recommends to the legislature such matters as he thinks ought to receive their attention. He has also a part in enacting the laws. Sundry other duties devolve upon the governor, which will be noticed in their proper places.

§ 4. The judicial department is that by which justice between citizens is administered, and embraces the several courts of the state. All judges and justices of the peace are judicial officers. It is their business to judge of and apply the laws, in cases brought before them for trial. There are several courts in a state; some of a lower, others of a higher order. The manner in which these courts are constituted is not precisely the same in all the states; but their general powers and the manner of conducting trials are the same.

§ 5. For the convenient exercise of the powers of government, it is evident that there must be also a division of the state into smaller portions of territory. A single body or set of government officers could not regulate all the minute affairs of every neighborhood. Business in which the people of a small community alone are interested, can be done by some local authority. The legislature, therefore, by general laws, authorizes the people in their respective communities to exercise certain powers of government among themselves.

§ 6. But to know what persons are embraced in each

community, it must be described by territorial bounds or lines. Hence every state in the Union is divided into towns and counties. The smallest divisions of territory are those of towns, several of which compose a county. These divisions are the same as exist in England, the country of the early colonists, who, on their settlement here, formed towns and counties in the several colonies.

§ 7. Although the people of the towns exercise certain powers of government in managing their local affairs, they can act only under the authority of the laws of the state. The legislature, by law, declares what powers the people of the towns may exercise, and prescribes the mode of choosing town and county officers, and the power and duties of these officers. The manner in which towns and counties are incorporated, their corporate powers, what officers are elected in them, and the powers and duties of these officers, will be given hereafter. (See Towns and Counties.)

§ 8. There is another reason for the territorial division of a state. The people of a large district of country, as has been observed, cannot meet in a single assembly, but must act by representatives. But in the exercise of their political power, they must act collectively, which can be done only in small districts, as towns. In choosing delegates to frame a constitution, and in voting upon the question of adopting the constitution, the people act in town meetings. So also they meet in their respective towns for electing the officers of the town, county and state administrations.

EXERCISES.

§ 1. What is meant by the division of power into political and civil?

§ 2. Into what departments is the government of a state divided? How is the legislature constituted? What is the business of a legislature?

§ 3. Of what does the executive department consist? What are the general duties of a governor?

§ 4. What is the general business of the judicial department? Are there more courts than one in a state? Why is not one sufficient?