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1823 Feb. 18
Greece
J.B.'s Articles and Reasons
Legislative
Sharers why many
Add stock of local knowledge already acquired, not sufficiently great.
The supreme legislative when the supreme executive is detached from it and the choice subject to popular election why lodged in many hands in contradistinction to a single hand or a small number of hands? Why made to constitute an exception to the rule To each function no more than a single functionary?
Reasons in the case of a single hand.
1. By the magnitude of the power, notwithstanding the appointed brevity of its duration, and the number /multitude/ of the persons on whom he would have to depend for the lawful continuance of it or renewal of it © by the magnitude of the power, the functionary would be tempted and at the same time enabled to give unlawful continuance to it: to render the continuance /duration/ of it in his own hands equal to that of his own life at once, or by frequent renewals to pave the way to such an ultimate result. And for this the absoluteness of the dependence of the situation /will/ of the supreme Executive on supreme and subordinates of all classes taken together would give prodigious facility. It would place at his disposal all that power which is conferred by the command over the whole mass of the matter of reward power of placing and displacing, as applied /applying/ to all lucrative Offices. For converting these one and all into instruments of his own applicable to the pupioses of his own separate and sinister interest he would thus have if not an absolute certainty, at any rate as great a probability as by the /any/ form of government could be put into the hands of a functionary so situated.
He would be tempted and enabled /assisted/ to tread in the steps of Julius Caeser and Napoleon Bonaparte.
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Title: [1823 Feb. 16. J.B.'s Articles and]Description: 1823 Feb. 16. J.B.'s Articles and Reasons Division of Power, none The use of the supreme executive power is to be give execution and effect to the /in detail to the more extensive/ arrangements made by the supreme legislative. It is therefore but an instrument in the hands of the supreme legislative: the fitter instrument the fitter the more [...?] obsequious to the will of the legislative The good done by the separation made of the executive power from the legislative consists not in the setting up a separate will to act in any case in opposition to that of the supreme legislative. The sole reason for the separation consists in the impossibility which the possessors of the supreme legislative acting as they must do in a body are under as to the finding time sufficient for the adding to their own functions those of the executive. If by any means the possessors of the supreme executive can give execution and effect to a will of theirs which is in opposition in any respect to the will of the supreme legislative, or which comes to the same thing prevent a will which is the will of the legislative from receiving its execution and effect, it thereby exercises a controul over the legislative, and by sharing with it in its powers adds to the whole of the Executive a share in the legislative The people have nothing to gain from any such controul: and they have every thing to suffer from it. They have nothing to gain. For the will of the Executive can not be more perfectly subject to theirs than the will of the legislative is, as above. For reasons that will be seen presently they would gain nothing by being in an immediate way the electors of the Members of the supreme Executive: and in an unimmediate but still sufficiently effective way they are masters of the Executive by being masters of the legislative, if the legislative are masters of the Executive.
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Title: [1822 May 10 Economy etc Text?]Description: 1822 May 10 Economy etc Text? 12 May 1822 Quere in what place if any shall use be made of the matter of this sheet? 6 The greatest happiness of the greatest number requires that the hand or hands in which the supreme Executive power is placed be subordinate to the supreme legislative body in all modes of subordination: namely 1. by power of cessation: 2. by power of command on pain of punishment. 3. by power of punishment. 4. by power of dislocation but not 5. by non-concurrence. Principle of exclusion of Anarchy Anarchy-inhibiting principle Q. The supreme legislative power and the /a/ supreme super Executive power why in the same hand? A. Suppose for simplicity of conception suppose the Supreme Executive power to be in the hand of a single functionary. If he were not displaceable by the supreme legislative functionary or body of functionaries their power might by him be reduced to impotence If he were not punishable by that same legislative body, he might before the dislocation could be effected produce mischief indefinitely intense, extensive and irremediable. He might for example put to death the members of it in any number. If, so far as depended upon their power and the orders given in consequence he were dislocated - he might refuse to submitt to those same orders. 7. The greatest happiness of the greatest number requires that the Office of Supreme Executive Functionary be in the hand of a single individual. Stile him for example President /Supreme Director/ of the Commonwealth. Reasons 1. Principle Responsibility securing principle 2 Expence minimizing principle. 3. Complication inhibiting principle.
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