The very first attempt at constitution making in the colonies was the Mayflower Compact, adopted on board the ship Mayflower before landing on December 20, 1620. It reads as follows: "We, whose names are underwritten, the loyal subjects of our dred soveraigne King James, by the grace of God, of Great Britain, France and Ireland King, defender of the faith, etc. having undertaken, for the glory of God, and advancement of Christian faith and honor of our king and country, a voyage to plant the first colony in northern parts of Virginia, do, by these presents, solemnly and mutually, in the presence of God, and of one another, covenant and combine ourselves together into a civil body politic, for, our better ordering and preservation and furtherance of the ends aforesaid; and, by virtue hereof, to enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony. Unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names, at Cape Cod, the 11th of November, in the year of the reign of our sovereign lord, King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Domini."
The first real attempt at formal constitution making was the "Fundamental Orders of Connecticut", 1639. These "Orders" formed an elementary constitution with three departments of government and the duties and powers of each department fairly well set forth. The Fundamental Orders are frequently referred to as the first written constitution in America.
The Articles of Confederation were made by the _thirteen States_ in the name of the _States_. The Constitution was made by the _delegates of the people_ in the name of the _people of the United States_. The first was a _compact_ or friendly agreement; the second was a _contract_ or binding union.
102 Great modifications have been made in nearly all of the State Constitutions, an excellent analysis of which may be found in Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 443.
103 Since the alliance of the original thirteen States, thirty-five have been admitted into the Union by acts of Congress either directing the people to select delegates and enact a Constitution or accepting a Constitution already made by the people. An illustration of the former method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing for the admission of North Dakota, South Dakota, Montana, and Washington into the Union, and of the latter in 26 U. S. St. at L. 215 c 656; 222 c 664, providing for the admission of Idaho and Wyoming. "Of these instruments (State Constitutions), therefore, no less than of the Constitutions of the thirteen original States, we may say that although subsequent in date to the Federal Constitution, they are, so far as each state is concerned de jure prior to it. Their authority over their own citizens is nowise derived from it."--Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 431.