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1823. Feb. 27 Greece. J.B. Observations
1823. Feb. 27

Greece. J.B. Observations on particular Articles.

Executive Council

To return to this same so styled Executive Council and the positive mischiefs with which I see it pregnant. In it I see lodged as per article 21. the power of location with relation to all the offices in the State: all the offices of course included to which either power or emolument in any shape jointly or separately are attached as also the power of dislocation with relation to those same offices. To this same so styled Executive Council is moreover given an uncontroled negative upon every Legislative act proposed by the so styled Legislative Senate. On the several Members of the Legislative Senate, a measure of confidence more or less considerable may not without just ground attach itself. For the several Members will have each of them his constituents, his patrons and superiors to whom as such with a degree of effect proportioned to the value he sets upon their good opinion, good will, and good offices in all shapes with or without such prospect as he may have or not have of continuance in such a situation as the case may be, he will feel himself responsible: for, the contrary not being said, what I take for granted, is - that to every thing that passes in

this
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    Description: 1823.

    Greece. J.B's Observations on particular Articles

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    so styled Executive Council on the one part and the leading Members of the so styled Legislative Senate on the other: a league for the conjunct advancement of their joint and several particular and sinister interests. Now then as to offices with emolument attached what are the dictates of this same conjunct sinister interest? That which the sinister interest of the Members of the so styled Executive Council, dictates is, with respect to the offices with emolument attached, that the number of them and the quantity of emolument attached to each, be as great, and on the other hand the quantity of time and labour necessary to be bestowed on each may be as small, as possible. This, were it only that in this way they might each of them have in his hands in the most ample quantity the means of providing for his own favorites and dependents, especially for those for whom, had it not been for this means, he would have had to provide at his own expence. Exposed exactly to the same temptation is the probity of the Members, especially of the leading Members, of the so styled Legislative Senate. But by no means

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  • Title: [1823. Feb. 27 Greece. J.Bs Observations]
    Description: 1823. Feb. 27

    Greece. J.Bs Observations on particular Articles.

    Judiciary

    Now then as to the 11 functionaries to whom by article 86 I see given the whole of that power which by article 85 is styled the Judicial power. If the power thus given to them whatever it be, is executed/rcised/ by them no otherwise than in conjunction, what has been said, as above, on the subject of the 5 Members composing the so styled Executive Council, will, so far as regards responsibility, be found applicable to them. By what means they are to come into such their situation - I mean in whose will or wills they are to behold the efficient cause of their possession of it, is more than I can see. By article 86, they are to be elected by the Government. But this word Government what individual, what Body or what Bodies, were meant to be indicated by it. Not the Legislative Senate: to this Body no such appellation do I see any where attributed: not the so styled Executive Council: for neither to this Body do I see that same appellation any where attributed. True it is that by /in/ article 21 of this Body it is said that it nominates to all the offices ( emploies) of the Government. If therefore to the question by whom are these 11 fractions of a Judge or of a Minister of Justice to be placed in such their situation? were made necessary to find an answer, mine would be by the Members of this same so styled Executive Council.
  • Title: [1823. Greece. J.B's Observations on]
    Description: 1823.

    Greece. J.B's Observations on particular Articles

    Executive Council

    this same Legislative Senate, with the exception of such temporary and partial concealment as it may be deemed necessary to give now and then, to such parts of the business as shall on that account be assigned to Sittings denominated accordingly secret, whatever degree of publicity can be given, will be. On the other hand, in the situation of the so styled Executive Council, with its number of Members no greater than 5, I see no such responsibility, consequently no such ground for confidence: on the contrary, but too strong a ground for complete distrust - a complete withholding of confidence. In them I see the Members of an everlastingly secret Conclave: a set of men engrossing in their own hands the whole of that power which is conferred by the uncontroled disposal of the matter of good in all its shapes applicable in the character of matter of reward to the remuneration, which is as much as to say to the purchase, of service in all imaginable shapes to the aggregate of their several particular and sinister interests, at the expence and by the sacrifice of the universal interest. With the whole of this power in their hands, with the addition of a share in Legislative power equal to that of the body

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