date

[xxxviii. 3] 1822 May 13 Economy
[xxxviii. 3]

1822 May 13

Economy as to Office /Constitut. Code/ Rudiments

Mode of rendering supreme operative functionaries responsible to do constitutive - giving to constitutive the dislocative power in relation to them

Dislocation is effected

1. by will.

2. by time.

In what situations the functionaries should be dislocable by will?

A. non judicial General Administrative Offices not by time │   │ by will judicially all the above.

Judicial office in this case the functionary should not be dislocable by time. Only

1. Judicially for specific offence proved

2. Administratively, by dislocative power exercised by his [...?].

To the Chief Functionary who presides over all the Departments the integral power of locating and dislocating the Chiefs of these several Departments.

Power of supreme operative body must be limited /reduced/ not by fractionization but by counterforces - viz. Liberty to constituents to possess [...?], to have and practise use of do to meet without or with do ad libitum.

Cause of apprehension of the aptitude of the people Groundless anticipation. [...?] Democracy not so unjust as Tyrants.

They [...?] little evil with judicative

Tyrants much evil without judicative.

Democracy-made evil all registered.

Tyranny made evil unregistered.

Englishmen are kept in a state of subjugation

Securities 1. True

False

They see wealth: they feel power: they perceive [...?]

Means without inducements produce nothing: [...?] any thing [...? ...? ...?] not to produce

Inducements [...? ...?] to produce means: and through means to [...?] /compass/ ends

Opulence and power furnish means

But they lessen inducements

1 Fractionization in the highest grade of power

2. So in the lowest: viz popular meetings - Juries and Quasi-Juries.

Juries and Quasi Juries are Sections or Committees of the supreme constitutive power.

Power on one part is constituted by obedience on the other - the obedience ceasing, so does the power.

3. Not in any intermediate Grade

Quere as to Provincial Sub-legislatures

U.S Rules are on a footing resembling that.

Abbe┌ St Pierres Project of a perpetual peace was Utopian as applied to Monarchies: not so as applied to Representative Democracies.

In Executive Grades fractionalizing would defeat the object: fractionalizing supposes deliberate regular discussion: discussion has in this case nothing to do: for the function consists in obeying orders: by discussion would follow such consumption of time as would defeat the object - as in military business, so in civil, [...?] in an [...?] degree mischievous.

U.S. System /Constitution/ was unavoidably complicated

Constitution for Britibernia admitts of much more simplicity

Do for France, Spain and Portugal still more

For Executive Offices Examination might be performed at Ages below full ages.

Supreme Executive functionarys power of location might be confined to those who had undergone it.

Check by Notoriety may be applied in Offices powerful by extent of power without admitting the checking functionaries to any share in the power.

To prevent corruption by confederacies, fill up Representative /Delegated/ functionaries time as compleatly as possible. Vacancies are no more needful to the professed end in legislation than in medicine.

Location single handed

many hands

Synonyms

Univocal and multivocal

Unilingual and multilingual

Second Chamber

Effect - disturbing transparency

Cause - blind imitation English the least bad constitution known

Supposed securities for intellectual aptitude naturally occurring, but superfluous, useless, mischievous

1. Maturity of ages 21, 25, 40

Necessary in private self-regarding business: not in public when the agent is but one of a multitude

1. The more advanced in age will be sure to be a majority - the more advanced the more known: the more known the more likely to be chosen /elected/ into the body.

2 The more advanced the more power in the body: the more likely to be the more influential in the body

In the first chamber, every thing necessary and possible has been done for identifying delegates with constituents interests. This done, what can a second chamber do but apply obstruction to the business of the first?

If located by the people, useless: if by birth or by the Chief Functionary mischievous.

of The second Chamber - majority may be corruptly influenced by the Chief Functionary.

Subordination its modes

I. Direct

1. In superordinate, exclusive initiative power as to subordinate's acts. Subordination by preventability, by inability to originate.

2. In superordinate negative power upon subordinate's acts when initiated viz by suspension, suspensibility, simple nonconcurrence, by positive suspension

3. In superordinate power of cessation as to subordinates acts when consummated by cessation - cessability

II. Indirect

4. 1. In superordinate power of punishing subordinate in case of disobedience or non compliance in regard to the act, by punition - punibility

5. 2. In superordinate power of remunerating subordinate in case of his obsequiousness in relation to the act by non-remuneration by unremunerability.

II In relation to the same individual person considered as subject to power

6. 1. In superordinate grades power by power of punishing him to a greater amount, by minority /inferiority/ of punitive power.

7. 2. or rewarding him to a greater amount, by minority /inferiority/ of remunerative power.

Subordination applies to

1. Situation - thence to possession and exercise of all powers belonging to it to exercise of all acts performable in virtue of such power

2. Particular acts done in exercise of the aggregate power conferred by the situation

In Aristocrats nothing but what is either frivolous or flagitious

[...?] System - never so call it, but to Royal do.

Vehicle for the Conversational part

1. Didaeus and Tyro? or

2. Mentor and Telemachus with a story for introduction stating the truth of the Pagan dispensation. Mentor teaches Telemachus for the instruction of Greece.

U.S. no fit object of comparison for England.

Per Courrier 17 May 1822 as per Morng Chron for 18th do. Mackintosh sneered at by Courier for making use of that example.

Power minimized

Reduction of power by fractionization must not apply to /as against/ supreme operative power, in favour of Executive whether Judicial or Administrative

These must in all modes of subordination (quere if any exceptions) be subject to supreme operative otherwise they will have respectively a negative upon all its acts: viz by omitting to give effect to them.

For penal Judicative Supreme operative may divide itself into two Sections 1. Accusatorial. 2. Judicial.

Here the counterforce of the Popular Sanction should be made the most of.

To save any two beggars covered with vermin I would destroy any one King covered with diamonds

An overpaid place reposes into a Sinecure

In an overpaid place there is a tendency to decomposition: it decomposes itself into a Sinecure filled by principal and an efficient Office aptly paid or over paid executed by Deputy.

Preface. Q. This part, why out of time and place?

Answer. To prevent useless and needless Offices.

Form Language

Invalidation = nullification

Interest particular - Universal - duty

The line of each functionarys duty coincides with the line marked out by his share in the universal interest

A corruptive institution is every institution in so far as the effect of it is by means of power with which the functionary as such is invested, to enable /cause/ him to promote his personal or other particular interest at the expence of the universal interest thus contributing to the sinister sacrifice. This contribution to the sinister sacrifice every man should be expected to make in so far as by power coupled with impunity he is enabled to make it.

If the Government of the United States had not been established, with what contempt would not the assertion of the probable prosperity and stability of such a government been treated.

In Royalty madness is endemical

Government by Kings is the World turned topsy turvey. Sane governed by insane. See the Childrens book so intituled.

How by power operating by remuneration, men obtain power over those who have power operating by punition: the [...?] of form which is in its nature the less strong prevailing over the form which in its nature is stronger.

This power by remuneration including so much of punitive power as consists in the power of refusing or withdrawing remuneration is that which commonly goes by the name of influence, viz that which by will is exercised on and over will.

It is the interest and consequently the practice of those by whom use is made of the influence to sinister purposes, to keep up this confusion of ideas and thicken it as much as possible.
Similar Items
  • Title: [[xxxiv. 9] 1822 April 26 Constitut]
    Description: [xxxiv. 9]

    1822 April 26

    Constitut Code Economy etc

    Art. 1. The supreme operative power is in the hands the Delegates (a) of the People.

    (a) Why not Representatives

    Art. 2. The supreme constitutive power with relation to the supreme operative power is

    in the hands of the Citizens /Electors/ of the State electing

    their Delegates in │   │ Election or

    Delegation Districts

    Art. 3. The supreme operative power is composed of the supreme legislative power, and

    the supreme Executive power. The supreme Executive power is composed of the supreme

    Administrative power, and the supreme Judicial power.

    Art. 4. The supreme Administrative power is subordinate to

    the supreme Legislative power: subordinate namely 1. by dislocability 2. by punibility

    as applied to persons - by 1. suspensibility, 2. cessability as applied to official

    acts.

    Art. 5. The supreme Judicial power is subordinate to the supreme Legislative power:

    namely in the same modes as the supreme Administrative

    Art. 6 The Supreme Operative power is composed of two branches: the Legislative and the

    Executive

    Art. 7 The supreme legislative power in cases of a general complection is in the hands

    of the Delegates of the People delegated one from each of (   ) Election or Delegation

    Districts.

    Art. 8 So also in cases of an individual complection

    Art. 9 The possessor of the supreme Executive power under the Legislative is the Chief

    of the State. His Title is President of the State or of the United States /Union/ as the

    case may be

    Art. 10 Next In subordination to the President come the Heads of the several

    departments following

    1. Minister of Finance

    2. Internal /Home/ affairs Minister for [...?] Service

    3. Army Minister: under him Commander /General/ in Chief

    4. Navy Minister: under him Admiral in chief

    5. War

    Art. 11 The Executive power is composed of two branches - the Administrative and the

    Judicial

    Supreme Executive or /his title/ Supreme Director

    His power causing execution and effect to be given to all acts of Supreme Operative or

    say Legislative

    Placed /Located/ by people, voting as for Members of the supreme Operative

    Dislocable by Supreme Operative: they giving reasons

    Thence subordinate to do so in all other /the/ modes of subordination

    Time of continuance in office - 4 Years Quere?

    Salary such as not to render the comforts of the opulent an object of

    concupiscence.

    Finance Minister located and dislocable by the Supreme Director

    The subjects on which the legislative power mostly exercises itself are aggregates

    namely, things or persons or both, collectively considered and as well such as are not

    as such as are. But its authority is alike applicable to things and persons individually

    considered

    Taken in the aggregate The function of the supreme executive power consists principally

    in applying to individual things and persons the general provisions made by the supreme

    legislative power: that is to say in such sort as to give to its acts the intention and

    effect intended by them.

    Art. 1. By the supreme constitutive power is meant the power of locating those by whom

    the supreme operative power shall be exercised.

    Art. 2. The supreme Constitutive power is in the hands of all persons inhabitants of

    any part of the territory /Citizens/ of the State, and able to read the Constitutional

    Code Females and non-adult males excepted and persons in a state of open hostility to

    the State excepted. For the evidence /proof/ of such ability See Art. (   )

    A Citizen is

    1 every person born within the territory of the State.

    2. Every person whose name has for │   │ months or more been resident within the

    territory of the State. For the proof of such residence see Art. (   )
  • Title: [1823 Feb. 19 Greece Beginning]
    Description: 1823 Feb. 19

    Greece

    Beginning

    At the first step we had an operative power acting in subordination and in the strictest possible subordination, for such it was necessary it should be or the end in view could not be accomplished © in the strictest possible subordination to the constitutive power. At the second step as above we have now a detached hand or set of hands to which by the operative power a portion of its functions is committed: on the part /conduct/ of which delegate or delegates of the second order the strictest subordination as towards the will of its immediate principal and thereby towards the will of the original principal is for the like reason indispensable. The portion of power thus detached from the operative power call it the Executive. But while by the operative power a certain portion of its functions is thus detached and committed to a delegate or set of delegates of its own appointment, at the same time whatsoever is not thus detached from it is of course reserved by it reserved to be exercised by itself The portion of operative thus detached being termed the Executive power call the portion thus reserved the Legislative power. Here then we have the division of the whole mass of operative power in the community into two portions: in the supreme Operative power, ordinarily in use to be designated by the denomination /appellation/ of legislative power or supreme legislative power; and the Executive power. As the /this/ supreme legislative power though with reference to any other power in the state supreme is with reference to the Constitutive power no other than subordinate, so the power just now termed Executive howsoever supreme with reference to any power which there may be occasion to detach from it is with reference to the power stiled supreme legislative in a state of correspondent subordination: at any rate it ought to be, that is to say /namely/ for the same reasons.
  • Title: [1822 May 11 Under the denomination]
    Description: 1822 May 11

    Under the denomination of the supreme operative power are /come/ contained 1. the

    supreme legislative: 2. the supreme executive

    The supreme executive is so termed only with reference to such branches of

    executive power as are subordinate to it. It is itself necessarily subordinate

    to the supreme legislative: it is exercised by the giving execution and effect

    to such expressions of will as have been manifested by the supreme legislative

    Under the denomination of the supreme Executive power are contained the supreme

    Administrative power and the supreme Judicial or say Judicative power

    The functions of the Administrative power consist in the disposing of such

    things and such personal services as are placed at its disposal by the

    legislative power in cases where no contestation in form has place concerning

    the matter in which the operations in question shall be performed

    The function of the Judicial power consists in the disposal of all things and all

    persons and personal services in case of contestation, in conformity to the will

    declared or presumed of those by whom the supreme legislative power is

    exercised.

    The functions /operations/ of the supreme legislative power may be distinguished

    into ordinary and extraordinary: extraordinary meaning /comprehending/ those by

    which on the score of imputed delinquency it exercises its power over the

    possessors of supreme executive power taken in the aggregate or in either of its

    branches as above.