date

1821. April 27. First Lines
1821. April 27.

First Lines

Constitutional

In a Representative Democracy, the exercise of this designative power is perfrmed by human judgment: under a Monarchy it is performed by fortune or providence. The cause being the same, and that cause out of the reach of our knowledge, each man may, on each particular occasion, do as he is accustomed to do, employ that one of the two which, on that occasion, is regarded by him as best suited to his purpose. Under the exercise made of this power by fortune, the supremem operative power finds itself, at the death of the last possessor, in the hands of the only child, or, in case of children more than one living at that moment, of the first born of the children of a certain woman: the power of removal is, under the direction of fortune or providence, or by accident, human judgment exercised by death.

In so far as the power of appointment is thus exercised by fortune or providence, no degree of relative inaptitude short of universally manifest and compleat insanity of mind has the effect of preventing the exercise of the operative power from finding itself lodged in the hands thus designated and appointed: no degree of inaptitude short of that produced by insanity, as above, takes the power of removal out of the hands of death

The
Similar Items
  • Title: [1821. April 27. First Lines]
    Description: 1821. April 27.

    First Lines

    Constitutional

    The persons in whose hands is lodged the supremem operative power, as also those in which whose hands the supremem designative power, (appointment and removal included,) is lodged be it /being/ determined, what remains for the matter of the Constitutional Code is the declaring in what manner the power and functions of the person in whose hands the designated power is lodged shall be exercised: as likewise the marking out, into a number of distinct branches, the whole mass of subordinate power,
  • Title: [1821. April 27. First Line]
    Description: 1821. April 27.

    First Line

    Constitutional

    The persons in whose hands is lodged the supreme operative power, as also

    those in whose hands the supreme designative power (appointment and removal

    included) is lodged

    being determined, what remains for the matter of

    the Constitutional Code is the declaring in what manner the power

    and functions of the persons in whose hands the designative power

    is lodged shall be exercised: as likewise the marking out, into a

    number of distinct branches, the whole mass of subordinate powers
  • Title: [1821. April 27. First Lines]
    Description: 1821. April 27.

    First Lines

    Constitutional

    A Constitutional Code might in a certain sense be said to compleat if neither any distribution of operative power among subordinate authorities nor any mode of appointment or removal for the exercise in relation to the possessors of any such subordinate power were prescribed /contained/ in it. For by the description given, as above, of the supreme power, and the provision made as above for the exercise of the designative power with relation to the possessors of that same supreme operative power, provision would be made for all such subordinate arranements, as above, as it might be the pleasure of the possessors of those two branches of the supreme power to concurr in te making of.

    Remains /Come/ now to be given a few leading principles relative to the matters belonging to the several departments or branches of law abovementioned, considered in so far as the nature and effect of the Constitution intended to be given by the Constitutional Code is liable to be affected and modified by any arrangements which have presented themselves in the first instance as appertaining respectively to those several antecedently /already/ considered branches.