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[xxxviii. 206]
1822 June 18
Economy etc Rationale
Ch.6 Legislative
Legislators many - why
1. Supreme legislative why in many, not in one.
1. Inaptitude opposite to appropriate moral aptitude extreme and in the Supreme Constitutive no adequately prompt terminative remedy to it
2. In one, security for adequate attention none.
3. Published justification (say rationale) none.
4. All-comprehensive evidence of facts serving as grounds of operation, none.
5. Debates none, auditors, members of Public opinion Tribunal, none. Reports of debates none.
5. Inconvenience of Elector's attendance maximized, if voting were all at one place.
6. Perceptible effect of each Electors vote too small to pay for the trouble.
7. So great the importance of the office, and the power of the one functionary - contest violent enough to produce civil war.
8. Time in office, if long, would afford power enough to make it longer and longer, till it became for life: if short, Elections will be proportionably frequent.
9. No assurance of all comprehensive information of the particular interests of all districts, or equal supports given to each.
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Title: [[xxxviii. 176] 1822 June 18 Consult]Description: [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: [[xxxviii. 23] 1822 July 15]Description: [xxxviii. 23] 1822 July 15 Constitut. Code Rationale Securities 5 Moral Counterforce Public Opinion Tribunal A few articles Exposition and Rationale 15. II. Representative Democracy. Here, without difficulty legal responsibility, universal, may have place. During office, no: not the whole nor a majority: to say yes would be self contradictory. But during office the minority: after office all may be punishable: just as every one else is: for misdeeds there as elsewhere. See accordingly articles,│ │ 16. Moral responsibility. This is to the purpose of eventual exposure to punishment by the │ │ of the popular or moral sanction at the hands of Public opinion Tribunal: (viz. the democratical section of it. Quere this here) like the │ │ invisible, but not the less operative. 17. To punishment such as is inflictible by this Tribunal, not only in a Representative Democracy, but even in an absolute Monarchy, may the possessors of the supreme operative stand excluded/posed/. 18. In this sense and shape even in an absolute Monarchy, even the Monarch feels himself responsible: though to the purpose of mitigation, of Monarch's oppression and depredation subject's sufferings, the effect is hardly perceptible. 19. Counterforce beneficial the less the legal, the greater the need of moral. In Monarchy, legal none, thence of the moral, need a maximum: actual quantity a minimum. Cause, the security afforded by the moral against the sinister sacrifice. (Insert note on the toleration in Tuscany and Russia.) 20. Contrast. In Representative Democracy, legal counterforce compleatly effective: need of the moral, for this purpose, a minimum: actual quantity a maximum. 21 Ao. 1803. In a season of insufficient experience, partly on account of the annoyance to individuals, supreme operatives deprived the community of this security. But greatest happiness etc. being the end, and by all seen to be so, it was restored by lapse of time, and is now fixt for as long as the democracy lasts.
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