conventions of 1660 and 1689, and the Lockean notion of a social compact made by an assembly of the people. Yet there was an urgent necessity for some immediate action, coupled with the thought that nothing really permanent needed to be formulated, since reconciliation with England was a likely possibility. The earlier action, therefore, taken by the colonies was rather temporary in nature and in most cases was soon followed by a more carefully prepared organization, when independence seemed assured and experience taught the necessity of a thoughtfully prepared framework of government, based on republican principles. For this reason it may be well to explain briefly the methods adopted in each of the states during this revolutionary period, since these became the basis from which developed the constitutional system of the nineteenth century.

(1) Massachusetts, 1775-6, summoned delegates from the towns and reorganized its government substantially in accord with the provisions of its former charter. This was considered to be a provisional arrangement and, after some delay the general assembly sat as a convention, 1777-8, and prepared a constitution, which was referred to the townmeetings but rejected by a heavy majority. In the following year the voters on referendum demanded a constitutional convention, to be made up of delegates chosen for that purpose only. This convention met, September first, 1779, and on the following March second, recommended to the voters a bill of rights and a constitution. These were approved at the polls by more than a two-thirds vote and the convention, reassembling in June, announced the result and set a date when the new constitution should go into effect. By constitution a referendum was required in 1795 on the calling of another convention. The convention, however, was not demanded until 1820.

(2) In New Hampshire the provincial congress in November, 1775, provided for the election of a convention which met December twenty-first and by January fifth, 1776, had framed a brief constitution. This was at once put into effect without referendum, the convention continuing to serve as a legislature. In 1778 a special convention was elected, which prepared a constitution and submitted it to the voters in the town-meetings of 1779, who promptly rejected it because of its inadequate provisions. A new convention was chosen which met June, 1781, and after two failures succeeded in submitting a constitution which met with approval and went into operation, June second, 1784. Another convention summoned in 1791 revised this constitution, and the revision meeting with approval at the polls was declared to be in operation, September fifth, 1792, by the convention, which reassembled for that purpose. This constitution proved so satisfactory that no further change was made in it for the next fifty-eight years,

(3) In South Carolina the revolutionary convention itself framed and promulgated a constitution, March, 1776, without a referendum or the use of a specially elected convention. This proving unsatisfactory, the legislature of 1777 prepared a new constitution, which was printed and action. deferred until the following year when it was put into effect without referendum, being passed as an act of the assembly. Finally the assembly in 1790 on its own authority summoned a constitutional convention, which prepared a constitution and put it into effect June third, 1790, without the use of a referendum; this remained as the fundamental law of the state down to the secession movement of 1861.

(4) Delaware through its assembly summoned a constitutional convention, which on election met, August twentyseventh, 1776, and adopted a constitution, September

twenty-first, which went into effect without referendum. The amending clause of this constitution was so stringent that no changes could be made; the assembly therefore, voicing a popular demand, on its own authority and against the express provisions of the constitution, provided in 1791 for the election of a constitutional convention. This body met in June, 1792, and prepared a constitution which went into effect without referendum and lasted without further revision for forty years.

(5) In Virginia the revolutionary convention elected April, 1776, for general purposes, met on May sixth as a constitutional convention and adopted, June twenty-ninth, a constitution without referendum. This remained as the constitution of the state for over fifty years.

(6) In New Jersey a new revolutionary congress was elected, May fourth, 1776. In addition to its general duties this body also formulated a constitution for the state, which, July second, without referendum became the fundamental law, lasting without revision for nearly seventy years.

(7) In Pennsylvania a revolutionary convention was not organized until July, 1776. Among other duties it prepared a constitution which without referendum was put into effect, September twenty-eighth of the same year. This constitution provided that every seventh year a council of censors1 should be elected, which in addition to other tasks should, if deemed advisable by a two-thirds vote, summon a convention to amend the constitution. This council, when chosen in 1783, failing to agree adjourned without action, September twenty-fifth, 1784. In March, 1789, the general assembly requested the voters to express their desire at the next general election for or against the calling of a constitutional convention. The vote being satisfactory, the

1 See, Haines, Judicial Supremacy, chap. vi.

assembly, disregarding the provisions of the constitution, summoned a convention for November, 1789, which completed a constitution by February twenty-sixth, 1790, and, after an adjournment so as to secure public opinion, but without referendum, again met August ninth, and finally proclaimed the new constitution, September second, 1790. This document endured as the fundamental law for nearly fifty years.

(8) In Maryland the revolutionary congress resolved July third, 1776, to summon a convention. This body when organized, August twelfth, exercised general powers. and in addition made a constitution, which was adopted, November eighth, and went into effect without referendum, lasting for seventy-five years without revision.

(9) In North Carolina the revolutionary convention through its council of safety advised the election of a congress. This body met November twelfth, exercising general powers as well as preparing a constitution, which was completed December eighteenth. This went into effect without referendum, lasting without revision for nearly sixty years.

(10) In Georgia the revolutionary congress reorganized itself temporarily, early in April, 1776, and in July ordered an election for delegates to a convention. This met in October, at once assumed general powers and began the preparation of a constitution. This was completed and ratified, February fifth, 1777, but without referendum. In 1788 the legislature nominated and appointed the members of a convention (or commission) summoned to meet November fourth, who adopted a constitution on the twenty-fourth, but referred it for approval to a convention of elected delegates, who met January fourth, 1789. This body recommended certain changes so that the whole matter was

referred to a third convention, which met May fourth, made selections from the recommendations submitted to it, and passed these two days later as the constitution of the state without referendum. In 1795 another convention met and May sixteenth, passed certain amendments to the constitution which went into effect without referendum. Again in 1798 a constitutional convention was called which after a short session passed a revised constitution, May thirtieth, which was put into effect without referendum and lasted without further revision for almost forty years.

(11) In New York the revolutionary congress advised the election of a convention, which on election met July ninth, 1776. This body was too busily engaged in the exercise of its general powers to spend much time in the preparation of a constitution, but March twelfth, 1777, a preliminary draft was presented and discussed until April twentieth, when a constitution was adopted but without referendum. No further change was made in it until 1801.

(12) Vermont, which was practically a fourteenth colony in the Revolution, proclaimed itself an independent state in 1777. Its revolutionary convention in June of the same year appointed a committee (or commission) to draft a constitution and summoned a constitutional convention to meet July second, which passed on the recommendations of the committee. The convention adjourned July eighth, having adopted and put the constitution into operation, but without a formal referendum. This constitution in imitation of that of Pennsylvania,1 provided that an elected council of censors be summoned every seven years, authorized among other duties to recommend amendments, if such seemed necessary, to a convention which it was

1 For the relationship between the Vermont and Pennsylvania constitutions see, Thorpe's Constitutions, Vol. VI. pp. 3778-80.