blies, who produces proper credentials from his constituents*; and all disputed elections to be determined by a new election, and the right of voting, or eligibility to offices, when challenged, to be determined by the courts of the province.

THE great national officers to be elected by all the senators, wardens, and jury-men of the nation annually, the votes to be taken in their respective wards or districts. These persons to elect a consul, who, as prime minister and agent of the senate, shall have the superintendence of all national affairs, correspond with the inferior magistrates, and with foreign nations, give general orders as directed by the senate, to all officers, taking care to order all necessary estimates to be laid before the senate, and every information requisite for the good of the society;

* It would be thought very improper by the princes and states of Germany, if the national diet were to pretend to judge of the legality of the means used by any of its members, to procure his elec、 tion.

but have no military command. These senators, wardens, and jury-men, also to elect such a number of generals, admirals, superintendents of the revenue, masters of the ordnance, and other national officers, as the senate judge necessary. The senators, wardens, and jurymen, of each province, to elect annually one of the senators of the province, to be governor; and also to elect the colonels and majors of militia for the province. The senators, wardens, and jury-men of each district, to elect annually, one of their senators to be prefect, or governor, and also to elect the' captains, lieutenants, and ensigns of militia, for their districts.

In towns of more than one ward, the senators, wardens, and jury-men, to elect one of the senators, or wardens, to be baillie of the town, or chief magistrate. To form the judicial power, the ward-voters in each province, voting in their respective wards, to elect a judge, and a public prosecutor for the province.

THE warden and two of the jury-men, chosen by lot, to determine all causes in the ward, to any amount that the parties may think proper to bring before them; the causes to be determined in these courts in the usual way of arbitration, viz. when the two.jury-men agree in opinion, the matter is decided; when they disagree, the warden may decide at any point, not above the highest, or below the lowest.

ANY person may appeal to the district court, for sums above two pounds. The provincial judge, to hold a district court in each district quarterly; all the wardens and jury-men of the district to attend; a certain number of wardens, and a certain number of jury-men, to be in each jury, all chosen by lot. These juries to determine in all matters, whether of a civil or criminal nature, but appeals to be allowed to the provincial court, which is to be held twice a year, and attended by all the senators, wardens, and a certain number of jury-men,

K

from each ward in the province. The juries to be composed of three senators, four wardens, and six jury-men, chosen by lot after the cause comes on. Appeals may be allowed from this to any adjoining provincial court, for large sums, the persons appealing to name two courts, and the defender to choose one of them, finally to determine the cause. But in these appeals it seems to be proper, to prevent litigation, that it shall require the votes of nine or ten of the jury to reverse a sentence, and when the sentence is not reversed, the appellant to pay full costs.

RESPECTING the rules by which the national and provincial senates are to transact business, it may be proper to observe, that in former ages, when few princes could write, and few gentlemen could read, when printing was not known, and when there were no regular posts, it was necessary that the members of every public assembly should attend, to hear what

was proposed, with the reasons for and against," and to give their votes. But now, as men can convey their sentiments with certainty and expedition, by printing, and posts, it seems to be unnecessary for senators to follow the ancient practice, when inconvenient to themselves. A principal clerk having charge of printing the proposed laws and edicts, with the reasons for and against, and sending copies to all the senators, they may judge better than if present, and may send their votes to the clerk, who may make out and print a list of the votes, and send a copy to each senator, that they may see if their votes are properly inserted, and after returns are made, and mistakes rectified, the proposed law or edict is enacted or rejected.

Ir will be allowed to be desirable, that the votes of an actual majority of all the senators should be necessary, to the enacting of every law or edict, and by adopting some such method as proposed, that object may be attained