[lxxxiv. 13]

1821 Decr. 4

Codification Proposal

penult

?.5. Draughtsman Single

/Appendix?/

The influence of these several causes of inaptitude in diminution of the aggregate of appropriate aptitude on the part of the [...?], /author of the sort of draught in question,/ will be more or less different according to the situation occupied by him with reference to the power [?] of government.: He may invested with power or not: If he be not, his situation is that of a subordinate servile [?], acting under the direction and in subjection to the will of the person or persons on whose ultimate pleasure /ordainment [?]/ the maker of the draught will depend. If he be /his situation be that of one/ invested with power, the event in question being the result of the exercise of sovereign power, his power and thence his situation in respect of power will be different according as the government is that of a Monarchy, or that of a Commonwealth

If it be a Monarchy his situation may be that of the Monarch © the ruling one, or that of a Member of the subordinately ruling few.

If it be a Commonwealth his situation will be that of a Member of the supremely ruling few

If the Commonwealth be a Representative Democracy, the supreme power is /stands/ [...?] divided into two branches: the ”operative• and the ”constitutive•; the constitutive is such with reference to those by whom the supreme operative power is possessed and exercised: it consists in the placing and displacing or replacing those by whom that same supremely operative power is possessed and exercised: if the Commonwealth be a pure Aristocracy, these two branches of supreme power are possessed and exercised by the same hands.
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    Description: 1822 June 26 Economy

    The modes of limitation being thus distinguished, apply them to the several

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    1. First as to the Supreme Constitutive branch

    If to the power belonging /appertaining/ to the supreme Constitutive

    functionaries such is its simplicity any limitation /restriction/ in any way can

    be applied by limitation applied to the field of their power, it can only be

    through the medium of a correspondent limitation /restriction/ applied to the

    functionaries possessed of the supreme operative branch: To the power /of their

    representatives/ which the possessors of supreme operative power their

    representatives shall be competent to exercise there shall be such and such

    limitations /restrictions/ shall be understood as applying. In this indirect

    mode alone is any limitation capable of being applied in the field of power

    appertaining to the class of supremely constitutive functionaries.

    Note on this occasion that when in any state endeavours are /language /industry/

    is/ employed in the endeavour to trace all power to its first source, a sort of

    cloud hangs over the operation at the spot in which that source is looked for.

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    power with which they entrust their trustees. But who is it that does /are they

    that do/ or can take upon them to apply limits to the power of Constituents? Of

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    The plain truth of the case is - that when, in the drawing of a Constitutional

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    of the supreme Constitutive power, whereupon they acy accordingly, the

    possessors of the supreme operative power for the time being are the persons by

    whom they are invested with such their constitutive power /it/: by this positive

    act it is that with relation to this matter the initiative function is

    exercised; and as to the corresponding consummative power it is exercised by

    them in active way /by the functionaries/ on whom the constituent power has so

    been conferred - exercised by them in an active way, and in a passive way by all

    the other members of the community in question, namely by their

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  • Title: [[lxxxiv. 14 1821 Decr 4 Codification]
    Description: [lxxxiv. 14

    1821 Decr 4

    Codification Proposal

    penult

    ?.5 Draughtsman Single

    A Monarch may without difficulty be conceived capable of officiating in the character of draughtsman of such a draught. A man with wings is as easily conceivable as a man without wings.

    A supreme operative body, with or without a supremely constitutive body above them may with as little difficulty be conceived operating all the Members at one and the same time in the official [?] composition of a draught of this sort, as in universal practice they are in the revision of it. But in the case of a draught of any such extent any such conjunct [?] composition will /it will immediately/ be seen to be physically impossible.

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  • Title: [1823 Feb. 12. Greek Constitution J]
    Description: 1823 Feb. 12.

    Greek Constitution J.B's Opinion as to it

    Introduction

    Good points in Greek Constit

    The constitutive power © i.e. the power of choosing those by whom all operative power in all its degrees commencing with the supreme shall be exercised. The exclusion put on this occasion upon so large a part perhaps the largest part of the existing population is at present it should seem necessary /an unavoidable/ arrangement but it is a highly deplorable one. It entails upon the country the existing schism /division/, reversing only the situation /position/ of the condivident parties /races/. It places the Turks under the Greeks the Helots were in under the Spartans in the situation that in France the Protestants /in France/ were in under the Catholics, in Ireland the Catholics under the Protestants in the Anglo©American United States the Blacks under the Whites. In no country can any such schism have place but the /in point of/ morality and felicity both races are, in howsoever different ways /shapes/ sufferers by it: the oppressors as well as the oppressed.

    To lessen the opposition of interests © to bring them to coincidence as speedily as is consistent with security should therefore be an object of constant care and endeavour

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