vil_ law, and must conform to the
fundamental, or political law.
Sec.3. A constitution is in the nature of an agreement between a whole
community or body politic and each of its members. This agreement or
contract implies, that each one binds himself to the whole, and the
whole bind themselves to each one, that all shall be governed by certain
laws and regulations for the common good.
Sec.4. The nature of a constitution will further appear from the manner in
which it is made. It is evident that a people, in establishing a
constitution, must have some right or authority to act in the business.
Whence this right is derived, we will not now stop to inquire. There is,
however, somewhere power to enact a law authorizing the people to make a
constitution and prescribing the manner in which it is to be made.
Sec.5. In forming a constitution, the people must act collectively. But
their number is too large to meet in a single assembly. Therefore they
choose a small number to act for them. One or more are chosen in each
county, or smaller district, and are called delegates. A _delegate_ is a
person appointed by another with power to transact business as his
representative. The assembly composed of the delegates so elected, is
called _convention_; a name given to most public meetings other than
legislative assemblies. Delegate and representative are words of nearly
the same meaning. The latter, however, usually designates a person
chosen to assist in making the laws of the state.
Sec.6. The rules agreed upon by the convention as a basis of government,
are arranged in proper form. The several portions relating to the
different subjects are called articles, and numbered; and the articles
are divided into sections, which also are numbered. But what has been
thus prepared by the convention is not yet a constitution. It is only a
draft of one, and can not become a constitution without the consent of
the people to be given at an election. If a majority of the persons
voting at such election vote in favor of the proposed constitution, it
is adopted, and becomes the constitution of the state.
Sec.7. One of the most valuable rights of the people under a free
government, is the right to have a constitution of their own choice.
Indeed it is in this right that their freedom principally consists. It
is by the constitution that their rights are secured. All the people
join in establishing the constitution; but they do not all unite in
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