THE AUSTIN PAPERS. 539 It is the want of a proper division, definition, and limitation, of the powers of the several branches and departments of Government- I lay it down as an axiom which history will support and prove, that there is as much danger to be apprehended from the hasty im~ prudence, intemperate decisions, and despotism of a single repre- sentative body or Congress convened and united in one chamber as there is from the despotism of a Single individual at the head of a nation, and consequently that there is the same necessity for a check to the Legislature, that there is for the Executive. This principle is acknowledged even in the Government ·o-f the United States, which is the most perfect republic that exists. The division of the Legislative powers in that GoYernment into two separate and dis- tinct branches, the House of Representatives, and the Senate, both of which are to a limited extent controuled by the Executive, operates as a check or balance in the exercise of them. . The first great and preparitory step therefore towards the firm and final organization of this Government is to regulate the Legislative department so that its deliberations ·may be fre~ and independent, and at the same time controulecl so as to be incapable of exceeding its authority, or clashing with that of another. To do this I propose the following system for the organization of Congress 1-'l'he Legislative powers shall be vested in a Congress, which shaJI be composed of two chambers one to be called the C'liambe1· of the Commons, the other the Senate 2-The Commons shall be elected every 2i1 year by the People in the following manner-There shall be one Deputy for every 70,000 inhabitants. The Provincinl deputations of each Province shall, immediately proceed to take an enumeration of the inhabitants of their respective provinces and after this is completed they shall lay them off into as many districts as the Province is entitled to Deputies agreeably to the above ratio, which districts shall contain an equal number of inhabitants so far as is practicable-Each of said districts shall elect one Deputy to t'he Chamber of Commons, who shall be over 21 years of age, an inhabitant of the district for which he is elected, and have been at least three years a Citizen of this Empire. and" tener una renta anual proporcionadn procedente de bienes propios-" The Provincial deputations shall appoint Officers to preside at such elections who shull make out certificates for the person or persons elected, which certificate after being countersigned by the Captain G-enerai' of the Province slrnll be evidence of a right to a Seat in the Commons-The Captain Generals or Political Chiefs of Provinces shall give said signatures without delay when called on 3-'l'he Senate shall be appointed in the following manner. The .Provincial·Deputations shall elect two Senators for each Province
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