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1823 Feb.
Greek Constitution J.B.'s Observations as to 3. Executive Council useless
To the purposes of the Executive Department it is no less compleatly useless.
For the sub©departments into which it divides this department © for these
departments, eight in number Art. 20 appoints so many Ministers
This Executive Council is therefore a mere excrescence interposed between the
Legislative department /branch/ and the Executive and either doing nothing at
all, or worse than nothing by throwing obstruction in the way of the business of
both.
In this particular it matches with the Council of State with its 40 Members in
the Spanish Constitution and the Council of State with its 8 Members in the
Portugueze Constitution. These were both of them /In both of these I saw at the
first glance/ so many [...?] filled with the matter of corruption, and infusing
weakness into the whole system mischievous by the amount of the whole of the
power confided to them In regard to /the instance of/ the Spanish Constitution
this prediction has been already fulfilled in a most striking manner: After
having during the whole of their /its/ existence laboured for the restoration of
the former despotism the Council of State is now seen in its true light and a
majority of the Members are in the condition of persons under a state of
accusation.
As to the Portugueze Council of the same name if it has escaped the first
imputation of doing so much pure mischief, it is by having done nothing.
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Title: [1823. Feb. 27 Greece. J.B. Observations]Description: 1823. Feb. 27 Greece. J.B. Observations on particular Articles ?.3. III Grecian points unapt Be these rules what they may, I proceed to shew why in the first place this body is in my view of the matter useless. 1. It is itself composed of five Members. By these five (per Article 20) are to be appointed eight other functionaries, under the name of Ministers. Number of functionaries thus belonging to the Executive Department, adding the two grades together, 13. To these same five belongs moreover (per Article 21) the power of placing functionaries in all the other employments of government, to which by Article 67 is added the power of displacing them. Now of these thirteen, eight at least are I say altogether useless. For proof I appeal as above to particular experience: the experience afforded by the only Constitution that ever really had for its object or end in view the greatest happiness of the greatest number: I mean the Constitution of the Anglo-American United States. Here at the head of the Executive Department you have a single person the President of the United States. To him alone belongs the direction of the whole business of that Department. To him belongs the direction to be given to, the command over, the whole Military force of the Country by Sea and Land. + To him belongs the placing and at his pleasure the displacing of the four Ministers stiled Secretaries by whom in subordination to the President and the Legislative Assembly stiled the Congress the whole civil power of the confederacy is exercised: namely 1 Secretary of State, 2. Secretary of War, 3. Secretary of Navy, 4. Secretary of Finance. If the business of the Greek Nation is but carried on with a degree of aptitude and success not very much below that with which it is carried on in that Confederated Commonwealth, the Grecian will be a happy people. Nothing approaching to it has yet been seen any where else; nor /no: nor/ ever will be, on any other condition than that of imitating it: Now then, supposing my advice on the subject asked for, it would be this. Take some one individual, for example the President of that same Executive Council give him the power possessed in the Anglo-American Commonwealth by the functionary whose title is President of the United States. Take + Constitution Art. │ │
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Title: [1823 Feb. 12 Greek Constitution J]Description: 1823 Feb. 12 Greek Constitution J.B's Observations as to 3 Executive Council useless With regard to the First Lines of a Constitution Those United States afford an approved model, by the copying of which with the slight variation /omission/ above indicated, the point of perfection or some thing very little short of it might be attained. President, at the head of the Executive Department: under him for the four Sub©Departments, four Ministers as above mentioned The President is placed and at the end of four years displaceable by the Citizens at large Members of the Supreme Constitutive authority. The four Ministers all of them placed by him, all of them displaceable by him at pleasure. Thus there is compleat unity of action throughout the whole: no obstruction any where. At the same time responsibility © responsibility to all purposes exists in perfection: responsibility to the purpose of dismission /eventual removal/ in case of blameless inaptitude; responsibility to the purpose of eventual punishment in case of criminality: 3. responsibility to the purpose of eventual dishonour in case of /inferior[...?]/ inaptitude not so high a degree as to call for dismission. Not that To the purpose of eventual dishonour only in the case where in the execution of the business of his Office a man stands alone can responsibility be at its highest and requisite pitch of efficiency: by every additional individual by whom the business is shared with the first the efficiency of the motive /tuletary force of public opinion/ is more and more impaired /rendered less and less./ As to the Executive Council with its five Members it forms a dark Conclave into the proceedings of which the guardian eyes of the Public Opinion Tribunal can on no occasion penetrate. It has a sort of parallel in the guardian Directory of France ruling likewise in secret and composed in like manner of five Members. In no such secret Council is agreement and unity /concurrence/ of action ever effected but by mutual sacrifice of the interest of the whole community to the separate and sinister interest of each: and whatsoever disagreements have place among them have that sinister sacrifice for their object and their result.
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Title: [1823 Feb. 12 Greek Constitution J]Description: 1823 Feb. 12 Greek Constitution J.B.'s Observations as to ?3. Executive Council useless As to the number of these Ministers, it is as above mentioned no less than 8. In the Anglo©American United States it is no more than 4. 1. Secretary of State. 2. Secretary of War. 3. Secretary of the Navy. 4. Secretary of the Treasury among these four is the whole business of the Executive Department divided. The mass of business for which in the /those/ United States four Secretaries are /have all along been/ found sufficient is on many accounts much greater than any that is ever likely to rest on the shoulders of the Executive Department in regenerated Greece. No of United States 24 already: and among them might be found several each of them containing a greater extent of territory than all Greece. They have each of them besides a share in the General Constitution its own separate Constitution /one/. Extent concurrs /Originally established usage, has concurred/ with other circumstances in producing this distinctness. A correspondent distinctness A preponderant convenience may perhaps be found in establishing a correspondent distinctness in regenerated Greece. But the grand reason established usage has here no place: nor at any rate can the demand for it be by a great deal so imperious as it has been and continues to be in those United States.
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