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[xxxviii. 176]
1822 June 18 Consult 1823 June 30
Economy etc
Ch Expository Matter
4 Powers of Government
1. Powers of Government are I. in functions
1. Operative what
2. Constitutive what.
2. II in rank.
1. Supreme, or
2. Subordinate
3. 1. In function again Supreme operative
1. Supreme Legislative.
2. Supreme Executive.
4. Supreme Legislative what? By its laws and ordinances in pursuit of its end imposes and takes off obligations on all persons, in relation to all persons and all things, places, and eventually all times, obligations not annullable or variable by other power in the state.
5. Supreme Executive, in so far as needful, is exercised in giving execution and effect to all Laws and ordinances of the Supreme Legislative.
6. In function again Supreme Executive, is
1. Supreme Administrative.
2. Supreme Judicial.
7. Supreme administrative what -
Applies to their destined uses such things and personal services as in pursuance of the above end, are placed at its special disposal for the service of the state at large by the Legislative power.
8. Supreme Administrative power - its Departments
I │ │ necessary
1. Interior Affairs.
2. Land Force.
3. Foreign Affairs.
4. Finance.
II Contingently necessary
5. Naval force.
6. Distant dependencies.
9. Supreme Judicial power, what -
Causes to be applied to all persons and things, Supreme Legislative Rules and ordinances; viz. by causing execution and effect to be given to Supreme Legislative's Laws and Ordinances as above, in case of │ │ manifested or apprehended: commonly at the suit of some party, regarding himself as prejudiced by such │ │
10. Legislative power - its exercise ordinary and extraordinary -
1. Ordinary, on persons at large.
2. Extraordinary, on Supreme Executive functionaries, Administrative or Judicial, in case of alledged failure of alledged duty on their part: viz. by dislocation, and if need be punition.
14 Apr. 1823 Superseded this by Constitut Code Ch. 1
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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. ( )
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Title: [1822 June 17 Economy etc Supreme Executive]Description: 1822 June 17 Economy etc Supreme Executive power is either Administrative or Judicial To the Administrative power it belongs to apply to their respective destined use such general rules and ordinances as have the sanction of the Supreme Legislative power to particular persons and things for the several purposes designated by the same and according to directions given by the same in all cases in which application of such general rules and ordinances is not made by the Judicial power: and in particular to make disposal of all such things specially placed at its disposal for the service of the State as also of the services /all such personal services/ as by special appointment are rendered exigible for the use of the state The Administrative Department is the Department by which the Administrative power is exercised To the Administrative Department belong the following Sub-Departments
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