144
America’s First Constitutions and Declarations of Rights
by Richard Henry Lee of Virginia to put his constitutional ideas down
on paper. Adams obliged his friend in the form of a letter outlining the
main features for a constitution, and Lee carried it home to show others.
It was soon widely read and distributed in Virginia. The scheme proposed by Adams was only a sketch, however, and he left the details for
later consideration. He advocated the free choice of a House of Commons by the people, with the upper house chosen by the lower and the
Governor appointed by both houses. The Governor’s powers were to be
extensive, including a veto and command of the military. Adams also
suggested that, when peace came, then would be the opportune time to
have the people elect both the Governor and the members of the upper
chamber.
Later that same year, Adams gave a fuller expression to these ideas in
a pamphlet entitled ‘‘Thoughts on Government,’’ which was issued
anonymously and widely distributed throughout the colonies. Adams’s reputation as a constitutional expert spread rapidly, and in January 1776 the North Carolina delegates in Philadelphia were authorized
to seek his advice on State government. On May 10, 1776, the Congress
approved Adams’s resolution calling upon all of the colonies that had
not already done so to adopt new constitutions. Adams was also the
driving force behind the constitution of his native State. Written in 1780
and largely the handiwork of Adams, the Massachusetts Constitution
proved to be the best of the early State constitutions. It was the first to
employ a true check and balance system.
Most of the early State constitutions were written under difficult conditions and in haste. This is especially true of the first two constitutions—
those of New Hampshire and South Carolina. They were drafted in January and February respectively, six months before the Declaration of Independence was proclaimed, and were viewed at the time as temporary
expedients that might later be withdrawn should England and the colonies reach an accord. Both constitutions lasted only a few years.
Virginia and New Jersey also drew up their constitutions before independence, but these constitutions were drafted under more favorable circumstances and were generally regarded at their inception as permanent
instruments of government. Of the remaining nine States, Rhode Island
and Connecticut decided to retain their charter governments, and Mas-