date

1821 April 26 First Lines Constitutional
1821 April 26

First Lines

Constitutional

Supreme power

Appointment and Removal

In the case of the Supreme power under a Democracy - a /[...?]/ Representative Democracy - for the mode of appointment, including in it /as it does, as the result of one and the same operative/ the mode of removal, the leading principles have been already given.

In this instance and this alone it is manifest that those two intimately connected powers can not be in other than the same hands.

In the case of the judiciary Establishent, what is proposed is that the power of appointment being in a single hand, the power of removal shall be in the hands of a numerous body exercised the same as that in which the right of appointment and thereby in conjunction with it the power of removal with relation to the Members of the body by which the supreme operative power in the state is exercised, - that this power be in those same hands and exercised, as nearly as the nature of the case admitts, in the same manner. For the scheme of distribution thus composed - and for each of its two so intimately connected yet so perfectly distinguishable and separable parts, reasons have on that particular occasion been given. Though not as an original to be copied for the several other commonly distinguished and separated departments of Government - and for the several distinguishable branches of constitutional law applying to those several departments, - this same scheme of distribution, though not in the character of an original to be copied, absolutely and compleatly copied - yet, in the character of a precedent and standard to be referred to, and in that of a source of information to be drawn upon may, it is hoped, be employed not without advantage. In so far as the same circumstances have place, the same reasons will apply, and the same arrangements may be employed to advantage: proportion /in so far/ ascircumstances differ, reasons will differ, and different arrangements will require to be employed.
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    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.
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    A Constitutional Code might in a certain sense be said to be

    compleat if neither any distribution of operative

    power among subordinate authorities nor any mode of appointment or

    removal in relation to the possessors of any

    such subordinate power were 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

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    operative power, provisions would be made for all

    such subordinate arrangements, as above, as it might be the pleasure

    of the possessors of those two branches of the supreme power to concur in

    the making of.

    Remain 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 already antecedently considered branches.
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    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

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

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