76 UNIVERSITY OF COLORADO STUDIES 



lation would be established. It is true the frequent use of the referen- 

 dum would be cumbersome in the extreme, but it is not to be supposed 

 that it would be often necessary to resort to this method of checking 

 bad legislation. If it were possible by petition of a not too large number 

 of names to compel the submission to popular vote of any law passed 

 by the legislature before such law should become operative, it is highly 

 probable that this would act as a most wholesome check on any legis- 

 lation that did not meet in very great degree the approval of the public 

 sentiment of the State. The possibility of the use of this referendum 

 would serve to keep the legislature within its proper limits. 1 



ADOPTION AND PROMULGATION OF STATE CONSTITUTIONS 



After the Declaration of Independence and the opening of the Revo- 

 lutionary war, royal charters were of no avail as foundations of govern- 

 ment. All the colonies save two framed for themselves constitutions, 

 New Hampshire and South Carolina each adopting two. Thirteen con- 

 stitutions had been adopted in the various States before the federal 

 convention of 1787. Connecticut and Rhode Island still operated under 

 their old charters, as in these instruments it was provided that the 

 governor should be elected by popular vote. None of these constitu- 

 tions save two in Massachusetts were ever submitted to the people 

 for adoption or rejection. They were proclaimed by the conventions 

 which framed them. In some cases they were framed by the legisla- 

 ture. The first constitution ever submitted to the people in the his- 

 tory of the world was the constitution of Massachusetts in 1778. Its 

 treatment at the hands of the people was enough to dishearten the 

 stoutest champion of democracy. It was rejected by an overwhelming 

 majority. In Boston every vote was cast against it. The chief reason 

 for this rejection was that the new constitution did not contain a bill 

 of rights. Another constitution containing a suitable bill of rights was 

 accordingly prepared and submitted to the people in 1780. It was 

 adopted and is still in force. After that time it became the almost 

 universal practice to submit constitutions to the people for adoption or 

 rejection. Of the constitutions in force at the present time, all have 



1 R. H. Whitten, New York State Library Bulletin, No. 72, p. 29. 



