have been more owing to natural causes, than
perhaps to any design to depart from them.
In 1776 when the first Constitution was form-
ed, each county was entitled to four delegates to
the General Assembly, and the cities of Balti-
more and Annapolis were entitled to two dele-
gates, but it was also provided; that, if the city
of Baltimore should ever decline in population
below half the population of the smallest coun-
ty in the State, then she should lose the two de-
legates—when first in the legislature of this
State, I found this good old antique city rejoic-
ing in two members of the House of Delegates; I
and without disregard to her venerable dignity,
I did my best to place her in a respectable posi-
tion in the county and yielded up what was so
absurd. No such provision was made in rela-
tion to Annapolis, for the framers of the Con-
stitution never deemed that Baltimore would
outstrip Annapolis in population. The large
western counties at that time had most of their
fertile lands, covered by dense and primitive
forests. The changes which commerce, agricul-
tural economy, the laws of trade and the laws
of nature would produce upon population—how
to consolidate—how to sparcely diversify it—
were not seen—could not be justly foreknown.
These causes and their effect upon fair and
equal representative government, were far better
understood by the framers of the federal Consti-
tution. They placed that elastic, that contrac-
ting or expanding feature in their Constitution,
which required the national census to be taken
every ten years, and made it the duty of Congress
to re-apportion representation in the pop-
ular house according to federal numbers, giving
to or taking from a State, as its population
would increase or diminish.
There was unfortunately no such clause in the
Constitution of Maryland.
But he would go further back into the history
of the State, and read a clause from the seventh
article of the original charter of Maryland, gran-
ted by Charles the First to Lord Baltimore, in
the eighth year of his reign.
CHARTER OF MARYLAND.
"VII. And forasmuch as we have above made
and ordained the aforesaid, now Baron of Baltimore,
the true Lord and proprietary of the whole
province aforesaid Know ye, therefore, further,
that we, for us, our heirs and successors, do
grant unto the said, now Baron, and to his heirs,
for the good and happy government of the said
province, free and absolute power, by the tenor
of these presents, to ordain, make, and enact
laws. of what kind soever, according to their
sound discretions, who: her relating to the public
state of the said province, or the private utility
of individuals, of and with the advice, assent an
approbation of the freemen of the same province.
or the greater part of them, or of their delegates
or deputies, whom we will, shall be called together
for the framing of laws, when, and as
often as need shall require."
Here the fundamental republican principle is |
laid down, that the majority of freemen should
make laws, each freeman equal, and that a majority
make laws to govern the whole.
And this right, this power, they did exercise for
a series of years, presenting a perfect type of a
republican democracy.
But as the colony began to spread, it was found
to he inconvenient, and it was thought wise that
the freemen should appoint representatives, or
such of them as should choose to do go.
Accordingly, (as I find in Bacon's abridgment
of the laws of Maryland,) the following law was
passed:
"At a General Assembly, begun and held at the
Fort of St. Mary's, on the 25th day February,
1638, and the same day removed to St. John's,
and there continued till the 19th day of March,
were enacted the following laws :
Chapter 1st— Passed 25th February, 1638.
"An act for establishing the House of Assembly,
and the laws to be made therein. C. O. fol. 128
and Lib. C. and W. H. folio 61.
"N. B.—By this act, the several persons elec-
ted and returned, (pursuant to the writs issued,)
shall be called burgesses, and supply the place of
all the freemen consenting to such election, in the
same manner, and to all the same intents and
purposes, as the burgesses in any borough in
England, use to supply the place of the inhabi-
tants of their respective boroughs; and that the
gentlemen summoned by his lordship's special
writ, to each of the directed, the said burgesses,
and such other freemen who have not consented to any
of the elections as aforesaid, as shall be at any time
assembled, or any twelve or more of them
(whereof the Lieutenant General and Secretary
to be always two,) shall be called the House of
Assembly. And all acts, &c., assented unto and
approved by the said House, or major part there-
of, and afterwards assented unto by the Lieutenant
General, in the name of the Lord Proprietary,
shall be adjudged and established for laws,
to the same force, &c, as if his Lordship and
all the freemen of this Province were personally pre-
sent, and did assent, &c."
"The following bill was twice read in this As-
sembly, and engrossed, but never read the third
time, nor passed the House:
"An act what persons shall he called to every
Genera] Assembly, by this act, (which was in-
tended to be perpetual.) every member of the
council, and any other gentleman of able judg-
ment and quality, summoned by his Lordship's
writ, and the Lord of every manor within the
province, together with one, two or more able
and sufficient men, (as the freemen should think
good,) elected for each hundred, in pursuance of
writs issued for calling any General Assembly
and no other should have a voice, seat and place
in such General Assembly.
"And every act therein made by persons so
called, elected, &c., or the majority of them, and
sented to by the Lord Proprietary, &c, or his
Lieutenant General thereunto authorised by
special warrant from his Lordship, &c., to be of
as good force, &c„ as if his Lordship and all the |
