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whole nation, it seems to be proper, that the senators, wardens, and jury-men, of two or more adjoining provinces, should elect the generals of brigades. And this method may be adopted for electing other public officers, whose sphere of action is local, and whose conduct can be known in the neighbourhood only; such as superintendents of dock-yards and building ships, commanders of forts, and castles, &c.; care being always taken that the number of electors be so great, as to prevent them from making it a job.

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necessary,

As it is necessary that the society shall prevent, with jealous care, any man, or set of men, from acquiring absolute power over their persons or property; it is for that purpose, that they should be at all times prepared to defend themselves against internal or external enemies, by being properly organized, and regularly exercised as militia, in some pru

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dent rotation, till a certain age. Perhaps some officers, and the serjeants, and corporals, should continue on pay during good behaviour.

SECTION VI.

A general View of the Sketch.

WHILE the Romans were equal in rank, and nearly equal in fortune, their senators were the properest persons for acting as jury-men, and it was equally proper to allow them a negative upon laws. laws. But in proportion as difference of fortune increased, and particularly after the patricians acquired exclusive privileges, this judicial power of the senators, with their negative on laws, tempted them more and more to oppress the plebeians. It was to protect themselves against such oppression, that the plebieans insisted upon having tribunes, with sufficient power to oppose the tyranny of the patricians. But as the higher ranks have no power to oppress the lower by the constitution sketched out, the office of tribune was thought to be unnecessary; and for the same reason,

there seemed to be no occasion for the office of dictator, as that office was instituted as a compromise betwixt the patricians and plebeians, in a time of great danger, to enable them to repel their common enemies.

Ir deserves notice, however, that this office not only put a stop to civil discord during the continuance of the dictator's command, which was the sole intention of the institution; it also remedied the inconveniency which must often arise from appointing a commander in chief for a fixed period, as was the practice in Rome. It is found that many generals who appear to have great talents for command, when executing the order of a superior, are very unfit to act as commanders in chief.

AND, accordingly, as the Romans elected two new commanders in chief every year, maof them were found deficient in talents for commanding an army. But when this happen

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ed in times of great danger, a dictator was nominated, which took the power from the consul, and put it into the hands of a commander of tried merit. And as there were always about forty generals to choose from, whose talents in command had been tried, this method frequently retrieved the Roman affairs, when brought to the brink of ruin by unskilful commanders. But as the sketch allows the generals to be superseded at any time, there can be no occasion for a dictator.

THE Constitution sketched out, proceeds like that of Rome, upon the common principles of business; appointing no agents but as they become necessary.

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Ir begins with electing a warden and jurymen, magistrates that are necessary even for a very small society*. But when the society is

* In countries where there are few inhabitants, parts of a ward may elect magistrates and jury-men for themselves, and to augment the number of voters, may allow men to vote of thirty years of age, or even younger.

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