which it is exposed, may, in its judgment, necessary
to defend it. To do more than this
would be to expose the particular section to the
uncontrolled dominion of others, with no securi-
ty for its liberty, but the forbearance of the
stronger sections. The idea of pure democracy,
urged by the gentleman from Baltimore city,
[Mr. Brent] is Utopian. It can only exist when
every member of society does, or can, participate
in every act of government. It is inconsistent with
the representative system, and utterly at war
with local or district representation. Govern-
ment is a practical affair, and must be adapted
to the people over whom it is to operate. Different
forms, or at least a different distribution
of its powers are necessary in different places
In the mere act if forming a Constitution each
member acts for himself and majorities as such,
have no rights The Constitution, when formed,
gives the majority all its rights and is designed to
limit it to physical power. Its object is to afford
equal protection and equal rights to all, to pro-
tect the weak from the strong, the few from the
many. If the former were at the mercy of the
latter, the government would be a despotism, no
matter what may be its form, less tolerable than
even imperial tyranny—for one tyrant is less to
be feared than many. Checks and restraints
must therefore be imposed, sufficient on the one
hand to enable the weaker portions to defend
themselves from oppression; and, on the other
hand, not so strung as to defeat the will of the
majority any further than may be necessary to
give protection to the minority. And let it not
be said that such a system is inconsistent with
the maxim that majorities are to rule. On the
contrary, it is the, only theory consistent with
that maxim. If the majority have a right to rule,
independent of compact, it is a right founded on
no better title than mere brute force—the law of
the strongest; it is subject to no control, and
written Constitutions are of no value. But when
the powers of government are clearly defined,
and political privilege is apportioned by the or-
ganic law according to the wants and the dangers
of every part that law, when sanctioned
by the express assent and acquiescence of the
governed becomes the will of society, and it
cannot be rightfully violated or resisted. Thus
sanctioned it speaks the voice of the majority
and is such is entitled to the highest respect and
most perfect obedience.
The idea of a government of mere numbers
has never prevailed in this State. It is not sustained
by and part of our history. From the
earliest period the necessity of some limitation
on the power of numbers, has been realized and
acted upon. Until within a few years representation
was apportioned without respect to population;
and now it is apportioned on a compound
basis of numbers and territory. Under the proprietary
government, as early as 1659 the counties
were equally represented in the lower house;
and under all the mutations of sovereignty and
of parties, the same principle has been preserved,
and continued in full vigor down to 1836 —
In the Convention of 1774, called into existence |
by the tyranny of a foreign government, to de-
vise means lor the common defence, and filled
with patriots, in whose bosoms freshly burned
the fires of freedom, the first revolution, was
that each county should have an equal vote, and
all questions should be decided by a majority of
counties. The Conventions of 1774, 1775 and
1776. were composed of "delegates from the
several counties.'' Taxes were laid on the
counties, as such. Upon the vote to expel
Governor Eden from the Province, the yeas
and nays were taken by counties; St. Mary's,
Charles, Calvert, Prince Georges, Anne Arundel,
Frederick, Baltimore, Harford, Cecil. Queen
Anne's, Somerset and Worcester counties, vo-
ting for his expulsion, and Kent, Talbot, Dor-
chester and Caroline counties, voting against it,
And so the yeas and nays continued In be taken
down to 24th June, 1776. when it was
"Resolved, That all questions be determined
by a majority of members." On the passage of
this resolution, the yeas and nays were taken
by counties. St. Mary's. Charles, Calvert, P.
George's, Anne Arundel, Frederick and Harford
counties voting yea; Queen Anne's, Dorchester,
Somerset and Worcester counties voting nay;
and Cecil. Kent and Talbot counties, were divided.
The principle of county representation
was seemingly departed from in the Convention
of 1776, which framed the Constitution of that
year. But the departure was only apparent, not
real. Frederick count) at that period comprehended
all the territory which afterwards formed
Montgomery, Frederick and Washington coun-
ties, and was divided into three districts, called
the Upper, Lower, and Middle districts. She
was allowed twelve delegates in that Conven-
tion, which were elected, tour from each of the
three districts The reason of this was, that the
Convention designed to divide Frederick into
three counties, corresponding to the three dis-
tricts; and very early after the meeting of the
Convention, the division was made. Washing-
ton and Montgomery counties were established.
and the twelve delegates represented three counties,
which was in perfect accordance with the
previous usage. The principle of territorial
representation was deeply engraven on the Con-
stitution of 1776. in both Houses. The Senate
was elected by equal number of electors, chosen
by each county, and by half that number by
each of the cities of Annapolis and Baltimore;
and in the House of Delegates each county had
four members, and each of the cities two. The
principle remained unimpaired down to 1836,
when it was partially invaded, but not destroyed.
In the constitution of that year it is very distinct-
ly maintained though with less force; the Senate
is purely territorial, and in the House, representation
is based on territory and population. And
his body, too, has approved of the principle of
territorial representation. This Convention,
by a very large majority, has denied that representation
is to be based on numbers simply;
and by a unanimous vote has determined the
Senate shall be composed of one member from |
