§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.
§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 making and executing the laws; in other words, they do not themselves administer the government; this is done by their representatives. But if these should enact unjust and oppressive laws; the people, having by their constitution reserved the right to displace them, may do so by electing others in their stead.
§8. In an absolute monarchy the people have no political rights--the right to establish a form of government for themselves, and the right to elect those who are to make and administer the laws. The monarch has entire control over his subjects. He can take their lives and property when he pleases. His will is their law; and he has at command a large force of armed men to keep his people in subjection.
§9. In a limited monarchy, the people have some political rights. Such a monarchy is Great Britain. The king or sovereign is in a measure restrained by laws; and he can not make laws alone. The laws are framed and agreed to by parliament, and must be approved by the king or queen. Parliament consists of two bodies of men, the house of lords and the house of commons. The members of the latter are elected by the people, who, in such election, exercise a political right.
§10. But the political right of establishing a constitution or form of government, is not enjoyed by the people of that country. They have no written instrument, like ours, called constitution, adopted by the people. What is there called the constitution, is the aggregate or sum of laws, principles, and customs, which have been formed in the course of centuries. There is therefore no restraint upon the power of parliament; hence no law which may be enacted is contrary to the constitution; and the people have not the same security against the enactment of unjust laws as the people of the United States.
Chapter VI.
Qualifications of Electors; or, by whom Political Power is exercised in the States of this Union.
§1. One of the first provisions usually inserted in a constitution of a free state, is that which declares who shall be allowed to take a part in the government; that is, to whom the political power shall be intrusted. As this power is exercised by voting at elections, the constitution very properly prescribes the qualifications of electors, or, in other words, declares what shall be necessary to entitle a man to the right of voting, or the right of suffrage. When, therefore, we speak of the people politically, we mean those only who are qualified electors.
§2. To be competent to exercise the right of suffrage, a person must be a freeman, or, as we sometimes say, he should be his own master. While under the control of a parent or guardian, he might be constrained to act contrary to his own judgment. All our state constitutions, therefore, give this right only to free male citizens of the age of twenty-one years and upwards; twenty-one years being the age at which young men become free to act for themselves.
§3. But even if this freedom were obtained at an earlier age, it would not be expedient to bestow this right upon persons so young. They have not the necessary knowledge and judgment to act with discretion. Some are competent at an earlier age; but a constitution can make no distinction between citizens. It has therefore, in accordance with the general opinion, fixed the time at the age of twenty-one, when men shall be deemed capable of exercising the rights and performing the duties of freemen.