To remedy this evil, a method has been embraced of deputing Representatives from the people at large. Several requisites, however, are necessary to render this representation adequate to the trust. It ought to be full, equal, free; and as it is, at best, but a species of aristocracy, it is indispensably necessary to guard against the evils which are attendant on this form of Government. And its power should be purely legislative.

A full representation is necessary to render the influence of bribery and art more difficult. The propriety of an equal representation must occur to every one who does not wish to give an undue influence to some parts of the community over others. This may be obtained in either of two ways, by the number of freeholders, or by the quantity of land; but as in countries that are rapidly increasing in population, the number of freeholders must be perpetually varying, the method by the number of acres must be the easiest and most permanent; and as our lands become divided into more hands, every year will increase the perfection of this kind of representation, especially, too, if we put an end to proprietaries, entails, and other monopolies of lands, those remains of ancient tyranny, which will always be incompatible with the spirit of equality and right Government. The freedom of election is necessary for the well-being of the laws and the liberties of the State, which would otherwise fall a sacrifice to the altars of bribery and corruption and party spirit. To this end, the Representatives should be the unbiased choice of the people, by ballot, in which no man should make interest, either directly or indirectly, for himself or his friend, under the penalty of a heavy fine, and an exclusion from the House of Representatives forever; for it is generally found that the people will choose right if left to themselves. To check the aristocratick principle, which always inclines to tyranny, it will be necessary to keep the Representatives dependant on the people by annual elections; and perhaps it may be thought a further improvement to establish a limited kind of rotation, as a sure and certain means of diffusing the Government into more hands, and training up a greater number of able statesmen.

But as even under these restrictions an overgrown popularity may be dangerous to the safety of the State, or an arbitrary representative body may find means of imposing partial temporary laws on the people, it will be expedient to erect a second legislative power, independent of the first, or House of Representatives, consisting of a small number of the ablest men in the nation, whose right it shall be to have a negative on the lower House. These may consist of twelve, elected by a Committee of twenty-one in each County, chosen by the people for that purpose. This mode of election will obviate the inconveniences of a choice by the people at large, and remove the absurdity of leaving it to the House of Representatives; for as they would be the mere creatures of that body, they must necessarily be subservient to their will and pleasure.

A third power must also be established, unconnected with legislation, and independent of either of the two branches, whose business shall be wholly executive of the political laws of the State. This power should be lodged in one person only, for the advantage of despatch and execution of business, chosen out of the upper House of the Legislature by a majority of votes from the Committees, to be aided and assisted by the upper House in all cases of emergencies not sufficiently provided for by the laws. This office should be unconnected with the powers of legislation, for it is a solecism in politicks to invest the different powers of legislation and the execution of the laws in the same hands; and as this power will be a trust of the first importance, and the most dangerous to liberty, it will be indispensably prudent to fill it up in rotation.

To all these different departments of Government, as well as to all others, such moderate salaries ought to be affixed as to place the sense of publick virtue higher in the estimation of the people than the thirst of gain; and lastly, an independent Court of Judicature should be established for civil and criminal matters, to whom every member in the State ought to be subject, even unto death.

Such an arrangement of the powers of Government will erect different orders of men, who, like parties in the State, will mutually watch and restrain the partialities to which any particular party or interest may incline, and thus establish a Government which is most likely to inspire, preserve,and exercise the virtues of its members, and enforce a strict obedience to the laws, which is the foundation of all political liberty and national felicity; and thus, too, will all government be ultimately in the hands of the people, whose right it is.

DEMOCRATICUS.

Williamsburgh, Virginia, June 7, 1776.

B. JOHNSON TO MARYLAND COUNCIL OF SAFETY.

Fredericktown, June 7, 1776.

GENTLEMEN: The enclosed is a list of three companies which remain uncommissioned in my battalion. Captain Mackall’s and Captain Poe’s have been made up since the battalion was formed, and by the Committee appropriated to the Thirty-Fourth Battalion. Captain Frazer was First Lieutenant to Captain Luckett’s company. As Captain Luckett was removed by his appointment, they have made him Captain, and so have raised the whole of the officers, and made the First Sergeant Ensign. You will be pleased to have the commissions made out, and sent as soon as convenient.

I am, gentlemen, your obedient servant,

B. JOHNSON.

To the Honourable the Council of Safety of Maryland.

List of Companies.

James McKall Captain, Ralph Rusco First Lieutenant, Benjamin Thomas Second Lieutenant, Leonard Tunley Ensign.

George Poe Captain, Benjamin Eastburn First Lieutenant, Elias Williake Second Lieutenant, Theobald Williake Ensign.

Thomas Frazer Captain, Basil Beall First Lieutenant, John Frasher Second Lieutenant, Conrad Stricker Ensign.

COUNCIL OF MARYLAND.

At the Governour’s, Friday, June 7, 1776.

Present, His Excellency the Governour, and the Honourable Benedict Calvert, Daniel Dulany, John Ridout, Daniel of St. Thomas Jenifer, William Hayward, P. Thomas Lee, and Benjamin Ogle, Esquires.

His Excellency was pleased to acquaint the Board, that he had called this meeting to inform them of his intention of very shortly leaving this Province; and to request their attention to the form of Government (during the absence of the Governour from the Province) as prescribed by the act of Assembly of 1716.

As this Board has never had before them, in their capacity as Counsellors, the several circumstances that at this time oblige his Excellency to depart from the Province, he thinks it right to lay before them the whole thereof, in the time and manner they occurred, with every part of his own conduct, for their consideration; and as they will see that he is necessitated to leave this Government, and does not do it from choice, (the alternative of continuing here being inadmissible,) his Excellency therefore requests the Board to proportion the salary by them, during the stoppage of trade, recommended to be paid him by the Agent, betwixt the President during his absence, and himself, as also the lees that may arise on the Great Seal and Marriage Licenses.

His Excellency was pleased further to acquaint the Board, that a seizure was made upon Chesapeake Bay, within the Government of Virginia, on or about the——day of——, of some letters, directed to him from the Secretary of State in England, by a vessel fitted out at Hampton, commanded by one Barron, which letters were sent up from Virginia to Baltimore, and from thence to the Council of Safety, after keeping them two or three days; that his Excellency was informed of this seizure two days after it was made, and expected his letters to be sent up to the Council of Safety here, or to the Congress, but that he was under no apprehension of their containing anything to prejudice him, whatever official intelligence might be got from them.

That on Tuesday, the 16th of April last, Messrs. Carroll and Hall, from the Council of Safety, and Mr. Paca, of the Congress, waited on his Excellency with the letters that had been sent to them from the Baltimore Committee, who had them from Williamsburgh, consisting of copies of