date

1824. August 25. Constitutional Code
1824. August 25.

Constitutional Code

Ch.XII. Judiciary Collectively

Superseded by another copy.

Three objections may here be liable to present themselves.

1. "In this way, the legislative and judicial powers "are confounded: united in one and the same set of "hands; and, of the Legislative power itself, the two elementary "powers, the initiative and the consummative.

2. "The legislative power, thus given to the "members of the judiciary, extends over the whole field "of legislation: no limits are or can be set to it."

3. "By the eventually-emendative and sistitive functions "together, the preinterpretive is rendered useless."

In all these instances, an apparent, in no one of them anyreal, incongruity will be found.

1. As to the initiative function here given to judges, it is no other than that which is given, not only to those same functionaries, but to every inhabitant of the state, and every inhabitant of the state: given, and without any the smallest risk or inconvenience: for, with the exercise, given to the power by the making of the proposal, the power ceases: no further power has the man, whoever he be, for the support of it. In the case of the judge, true it is that the mere inaction of the Legislature suffices for giving to his proposal the effect of law: in appropriate language, for adding to his initiation, the consummative. But neither can the judge, and more than any foreigner, contribute any thing to the adoption of what he has thus proposed: and besides the two judiciary authorities superordinate to his own, any two members when the proposal comes before the Legislature, which is what it can not fail to do — any two members, each at the expence of no more than a few words suffice for defeating the proposal altogether.
Similar Items
  • Title: [1824. Nov r. 20 copied. 1825. Nov r. 30]
    Description: 1824. Nov r. 20 copied. 1825. Nov r. 30

    Constitutional Code

    Ch.XII. Judiciary Collectively

    S.25. Attendance.

    1.

    As between day service and night service, division of time modified according to times of year.

    2.

    Distinction between casual service and appointed service.

    3.

    Causal service what.

    4.

    Appointed service, hour of commencement determined by judges special order.

    5.

    For casual service sitting at all times previous and subsequent to appointed service.

    6.

    During a portion of the year there may be no casual case in the time left for a casual service, but attendance on the part of judges no hardship.

    7.

    Two standards of reference for time to be allotted for judicial attendance.

    8.

    1. In whatever department the number of hours occupied in public service is the greatest, without prejudice to health — that number should be employed in the judicial service.

    9.

    2. So in whatever grade that number of hours is the greatest, the same number sh d. be employed in the highest grade.

    10.

    To any difference, more time should be employed in the highest than in the lowest grades.

    11.

    Anglice — apparetn Martyrdom of highest judges in their zeal for discharge of their public duties — Illusion of these appearances.

    12.

    Flagrant scantiness of individual judicatories.

    13.

    Of such judges, enormous salaries and continuance in office notwithstanding intellectual aptitude.

    14.

    Insufficiency of time bestowed by Chancellor.

    15.

    By nothing but local experience can any adequate indication be given of the sufficiency of the number of judicatories.

    16.

    Oppression and injustice resulting from this scantiness of judicatories under existing system.
  • Title: [1824 Nov r 7 Ch.VX. Ministers Collectively]
    Description: 1824 Nov r 7

    Ch.VX. Ministers Collectively

    Constitutional Code

    §.13 Located Law

    Art.21 As to every situation subordinate to

    that of Minister there will be two Locators: the initiative

    and the confirmative. Exceptions excepted, as to every

    office subordinated to his, that is to say sub

    Office in his Subdepartment the initiative Locator

    as the Minister: confirmative the Prime Minister.

    Art.21. Exceptions, if any remain to be excepted by the Legislature.

    If in any Subdepartment any initiative

    Locator is established other than and subordinate

    to the Minister, it will be on account of distance: but

    during the interval between the day on which the vacancy

    at the place in question takes place and the day on which

    information of the confirmative of location, the tive

    reaches that same place, the service + belonging to the situation

    so vacated, be left unperformed. In this case there will may be two

    initiative Locators: temporarily initiative Locator the next superordinate

    of this functionary by whose dislocation the vacancy is created: definitively initiative Locator the Minister

    Art.22. Examples of Subdepertments in which

    a demand for initiative Location in hands other

    than those of the Minister and thence for temporarily initiative Location is more particularly

    apt to leave place and than if temporarily are the following: to wit,

    1. The Army Ministers.

    branch

    2. The Navy Ministers.

    3. The Foreign Relation Ministers

    Vacant situation that of a Secretary of Legature Temporarily

    initiative Locator the principal Agent. To well bills

    of course the power of and obligation of p d locating her

    own

    In the case of the Army and Navy military functionaries

    whosoeverserving at distance so far as regards command are

    persons vacancies are filled of course by the establishment

    regulation by the relation between rank and rank

    Not so in respect of the non Military functionaries possessing

    in relation to provision and in war stores. several the persons

    in respect of fortified places. functions procurative, custoditive, applicative, reparative and eliminative: nor

    The distinction requiring such temporarily initiative Location

    to the Legislature
  • Title: [(1 1824 August 1824 Oct. 31 Constitutional]
    Description: (1 1824 August 1824 Oct. 31 Constitutional Code. Cop d

    Ch. XII. Judiciary Collections §. 14 and Rationale (3 as to § 12. 13. 14 16. 17. 18.:

    In these three sections, completion is to a design, commenced in Ch. V. §. 10, continued in Ch. VI. §. and further continued in Ch. XI. §. 2. Objects embraced by it are the following.

    1. Preserving for ever from deterioration whatever symmetry comes to have been established, in this and the other several codes of the Pannomion.

    2. Minimizing and indefinitely retarding the need of consolidation laws: remedies, which, how necessary soever, can never be applied without difficulty & inconvenience.

    3. Preserving the Pannomion from being enveloped in, and obscured by, masses of extraneous matter, in the shape of Reports of Judiciary decrees & proceedings, & dissertations grounded on them, adding to the indispensable burthen composed of real law, this excrementitious matter, to the ever increasing bulk of which, there can not otherwise be any end.

    4. Maximizing the facility of it's melioration from all imaginable sources.

    5. Disarming Judges of the arbitrary power of frustration and alteration under the name of interpretation: disarming them of the power, by divesting them altogether, and for ever, of the pretence. Hitherto, in all places and at all times, has this power been exercised: and, in the effects of the exercise given to it a mixture of good with the evil being frequently to be found, and the good the most prominent of the two. -- never, without unanswerable objections, could it be either condemned or justified. By the here proposed means, now for the first time, the evil may be effectually excluded, nipt in the bud, and the good left pure. Under the existing system, scarce can imagination suggest the improper liberty, which a Judge will not take with the declared will of a legislature: under the here proposed system, none will any Judge ever dare to take: for, the sources of excuse elsewhere so abundant will here be altogether wanting.

    6. Securing