date

1823. Greece. J.B. Observations on
1823.

Greece. J.B. Observations on particular Articles

?. III Greek points unapt

Now then as to the Operative department, it is by the necessity of the case that it stands divided as above, into the two departments stiled the legislative and the Executive Not that of these two departments the Executive is to be understood as being coordinate with the legislative any more than the legislative alone or the legislative and the Executive taken together are to be regarded as coordinate with the Constitutive. No, it is matter of absolute necessity that, with reference to one of them, namely the legislative, the other namely the Executive should be subordinate. The /For the/ legislative department being established, why is it that any part of the business of the Operative department is committed to any functionary or set of functionaries other than those by which that of the legislative department is to be executed /done/? Is it that the functionaries employed in the legislative department may find in another department a man or set of men by whom controul or obstruction in any shape may in any event be opposed to their power? a man or set of men by whom the giving execution and effect to any will, which they have concurred in the formation of, may be subjected to frustration or even to delay? No such thing. The reason why that which is taken out of their hands, is accordingly taken out of their hands is - or at any rate the only reason on which its being so can be justified, is - simply this: namely that when the business, turned over, and as it were turned down, to the Executive department has, the whole of it, been taken out of their hands as much is left in their hands as it is physically speaking, supposing due attention paid to it, possible for them to go through indeed, as in the American United States experience has amply shewn, more than they do or can go through without continually subjecting large portions of it to a delay by which serious inconvenience, in particular and assignable shapes, is continually produced, as also the ultimate frustration of many a useful design, for want of the faculty of applying to it that portion of time, at the expiration of which, its original feasibility deserted it. In the Executive department of that same Government Look to the four Secretaries of State acting immediately under the President. See them staggering, each of them, under the load of the business, which is continually pouring in upon their shoulders. This done, conceive the aggregate mass of their respective businesses added to the mass of business at present executed by the legislative assembly stiled the Congress. Say then whether the mere division of the load of business, without any such design as that of dividing power between two sets of conflicting functionaries with opposite interests and consequently opposite wills, has not been the true and only beneficial effect which has been experienced, from these arrangements at least by which the business of the Executive department has been placed in hands different from those which stand charged with the business of the legislative.
Similar Items
  • Title: [1823. Feb. 27 Greece. ?. III]
    Description: 1823. Feb. 27

    Greece.

    ?. III Greek points unapt

    Looking out for a ruling principle, On this occasion then, what I ask is - What is the design and use in so far as it has any, of the Executive department? Answer, I know of but one: and that is - to give execution and effect to the will declared by a superior department, namely that to which is generally given the name of the Legislative.

    As to the Greek government Under the constitution in question it is out of all question a Representative Democracy. Now in a /every such/ Commonwealth I behold three authorities one under another meaning in the case of each that which is supreme in its own grade. So many of these authorities as there are there standing in a line subordination one to another so many situations may be spoken of as existing, or so many Departments. In the first and highest situation stand the members of that department which I stile the Constitutive, next below them, the members of that which I stile the Operative. Constitutive is a term of relation: the department to which it bears relation and reference is that same Operative. To the members of the Constitutive department it belongs then to choose and place in their situations, and at certain intervals, if such be their pleasure to displace the several members of the Operative department. Under the business which I consider as belonging to this same Operative department I consider as included the whole of the business of government: one part alone excepted, namely that which consists in determining who the individuals are by whom all the rest of the business shall be done: this being understood, that in the business of the Operative department are included that of the legislative and that of the Executive.
  • Title: [[clxvii. 79] 1820. Aug. 17.]
    Description: [clxvii. 79]

    1820. Aug. 17.

    Rid yourselves of Ultramaria

    '5. Corruptive influence

    Townsend

    In a pure Monarchy - in a government in which there is no Cortes - no representation of the people - government being carried on by the single will of a Monarch - carried on by his uncontroulable force, corruptive influence has no place: there is no coordinate power for it to be exercised upon :- there is, accordingly, no need of it: the will of Blackstone's Gad upon earth is done without it. Such was the case with Spain, antecedently to the late happy change.

    Where not only the business of the legislative department is carried on by a representative body, the members of which are, all of them, immediately, or by the intervention of others, chosen and removable by the subject many, but the members of the Executive Department likewise are, all of them, chosen and removable on the same principle, in such sort, taht every functionary of government, without exception, is thus chosen and removable, and, if need be, punishable, corruptive influence has no power. Let it be conceived, for a moment, that by the influence, exercised by means of such or such a mass of patronage, in the hands of the Chief or any other Member of the Executive body, a mojority of the members of the Legislative body have, on such and such an occasion, been induced to sacrifice, in such and such a way, the interests of their Constituents. For the purpose of the argument, this, like any other improbable supposition, may be entertained. But, under the system of arrangements just stated, the improbability of any such incident is, on the face of it, so glaring, that to enter into details for the proof of it, would be a waste of words. Such is the case with the Anglo-American United States.

    In a mixt Monarchy, in which, though the business of the legislative department is carried on by a representative body, the members of which are, all of them, as above, immediately or by the intervention of others, chosen and removable by the subject many, at the same time that, in the same department, there exists one functionary, namely the Monarch by whom, seated as he is not by choice but by consanguinity, and nto removable, as above, the validity of any act of ligislation may be suspended for an indeterminate length of time, and who, in the filling of situations conferring pecuniary profit, power, and factitious dignity, has a share more or less ample, corruptive influence can not but have more or less power and efficacy.

    As
  • Title: [1823 Feb. 19 Greece Beginning]
    Description: 1823 Feb. 19

    Greece

    Beginning

    Such is the state of things the simplest in its conception which to human conception will be found more simple than any other: let enquiry be made whether it is not the most eligible © the most highly conducive etc.

    In no political state has it ever been found © in no political state does it seem likely that it should ever be found © that the things and services of persons requisite for the abovementioned purposes could by possibility be found /obtained/ at all times in sufficient abundance at the hands of persons parting from them without experiencing any sensation of reluctance. But in so far as the operation of affording supplies /the matter of it expence/ in this or any other shape has reluctance for its accompaniment, all expence is evil: in all political states as yet in existence this evil has been very considerable: and in most political states hitherto in existence it has been and continues to be so considerable as to be every but intolerable.

    Correspondent to the three branches or species of power above brought to view are so many departments: say the constitutive, the legislative, the executive departments.

    To each department the degree in which accomplishment is given to the abovementioned all©embracing and only justifiable end of government the greatest happiness of the greatest number will be as the relative or appropriate aptitude of the several functionaries employed in such department /it/

    Now there may be brought to view two immediately subordinate and consequently minor ends of government included in the abovementioned all©embracing end: Aptitude maximized; expence minimized. In /Into the compass/ these four words for shortness /memory/ sake may be condensed the designation of these two immediately subordinate and practically consecutive ends or fit objects of pursuit on the occasion of all political arrangements.