1822 May 11

Under the denomination of the supreme operative power are /come/ contained 1. the

supreme legislative: 2. the supreme executive

The supreme executive is so termed only with reference to such branches of

executive power as are subordinate to it. It is itself necessarily subordinate

to the supreme legislative: it is exercised by the giving execution and effect

to such expressions of will as have been manifested by the supreme legislative

Under the denomination of the supreme Executive power are contained the supreme

Administrative power and the supreme Judicial or say Judicative power

The functions of the Administrative power consist in the disposing of such

things and such personal services as are placed at its disposal by the

legislative power in cases where no contestation in form has place concerning

the matter in which the operations in question shall be performed

The function of the Judicial power consists in the disposal of all things and all

persons and personal services in case of contestation, in conformity to the will

declared or presumed of those by whom the supreme legislative power is

exercised.

The functions /operations/ of the supreme legislative power may be distinguished

into ordinary and extraordinary: extraordinary meaning /comprehending/ those by

which on the score of imputed delinquency it exercises its power over the

possessors of supreme executive power taken in the aggregate or in either of its

branches as above.
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  • Title: [[xxxviii. 176] 1822 June 18 Consult]
    Description: [xxxviii. 176]

    1822 June 18 Consult 1823 June 30

    Economy etc

    Ch Expository Matter

     4 Powers of Government

    1. Powers of Government are I. in functions

    1. Operative what

    2. Constitutive what.

    2. II in rank.

    1. Supreme, or

    2. Subordinate

    3. 1. In function again Supreme operative

    1. Supreme Legislative.

    2. Supreme Executive.

    4. Supreme Legislative what? By its laws and ordinances in pursuit of its end imposes and takes off obligations on all persons, in relation to all persons and all things, places, and eventually all times, obligations not annullable or variable by other power in the state.

    5. Supreme Executive, in so far as needful, is exercised in giving execution and effect to all Laws and ordinances of the Supreme Legislative.

    6. In function again Supreme Executive, is

    1. Supreme Administrative.

    2. Supreme Judicial.

    7. Supreme administrative what -

    Applies to their destined uses such things and personal services as in pursuance of the above end, are placed at its special disposal for the service of the state at large by the Legislative power.

    8. Supreme Administrative power - its Departments

    I │   │ necessary

    1. Interior Affairs.

    2. Land Force.

    3. Foreign Affairs.

    4. Finance.

    II Contingently necessary

    5. Naval force.

    6. Distant dependencies.

    9. Supreme Judicial power, what -

    Causes to be applied to all persons and things, Supreme Legislative Rules and ordinances; viz. by causing execution and effect to be given to Supreme Legislative's Laws and Ordinances as above, in case of │   │ manifested or apprehended: commonly at the suit of some party, regarding himself as prejudiced by such │   │

    10. Legislative power - its exercise ordinary and extraordinary -

    1. Ordinary, on persons at large.

    2. Extraordinary, on Supreme Executive functionaries, Administrative or Judicial, in case of alledged failure of alledged duty on their part: viz. by dislocation, and if need be punition.

    14 Apr. 1823 Superseded this by Constitut Code Ch. 1
  • Title: [1822 June 17 Economy etc Supreme Executive]
    Description: 1822 June 17 Economy etc

    Supreme Executive power is either Administrative or Judicial

    To the Administrative power it belongs to apply to their respective destined use

    such general rules and ordinances as have the sanction of the Supreme

    Legislative power to particular persons and things for the several purposes

    designated by the same and according to directions given by the same in all

    cases in which application of such general rules and ordinances is not made by

    the Judicial power: and in particular to make disposal of all such things

    specially placed at its disposal for the service of the State as also of the

    services /all such personal services/ as by special appointment are rendered

    exigible for the use of the state

    The Administrative Department is the Department by which the Administrative

    power is exercised

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  • Title: [[xxxiv. 9] 1822 April 26 Constitut]
    Description: [xxxiv. 9]

    1822 April 26

    Constitut Code Economy etc

    Art. 1. The supreme operative power is in the hands the Delegates (a) of the People.

    (a) Why not Representatives

    Art. 2. The supreme constitutive power with relation to the supreme operative power is

    in the hands of the Citizens /Electors/ of the State electing

    their Delegates in │   │ Election or

    Delegation Districts

    Art. 3. The supreme operative power is composed of the supreme legislative power, and

    the supreme Executive power. The supreme Executive power is composed of the supreme

    Administrative power, and the supreme Judicial power.

    Art. 4. The supreme Administrative power is subordinate to

    the supreme Legislative power: subordinate namely 1. by dislocability 2. by punibility

    as applied to persons - by 1. suspensibility, 2. cessability as applied to official

    acts.

    Art. 5. The supreme Judicial power is subordinate to the supreme Legislative power:

    namely in the same modes as the supreme Administrative

    Art. 6 The Supreme Operative power is composed of two branches: the Legislative and the

    Executive

    Art. 7 The supreme legislative power in cases of a general complection is in the hands

    of the Delegates of the People delegated one from each of (   ) Election or Delegation

    Districts.

    Art. 8 So also in cases of an individual complection

    Art. 9 The possessor of the supreme Executive power under the Legislative is the Chief

    of the State. His Title is President of the State or of the United States /Union/ as the

    case may be

    Art. 10 Next In subordination to the President come the Heads of the several

    departments following

    1. Minister of Finance

    2. Internal /Home/ affairs Minister for [...?] Service

    3. Army Minister: under him Commander /General/ in Chief

    4. Navy Minister: under him Admiral in chief

    5. War

    Art. 11 The Executive power is composed of two branches - the Administrative and the

    Judicial

    Supreme Executive or /his title/ Supreme Director

    His power causing execution and effect to be given to all acts of Supreme Operative or

    say Legislative

    Placed /Located/ by people, voting as for Members of the supreme Operative

    Dislocable by Supreme Operative: they giving reasons

    Thence subordinate to do so in all other /the/ modes of subordination

    Time of continuance in office - 4 Years Quere?

    Salary such as not to render the comforts of the opulent an object of

    concupiscence.

    Finance Minister located and dislocable by the Supreme Director

    The subjects on which the legislative power mostly exercises itself are aggregates

    namely, things or persons or both, collectively considered and as well such as are not

    as such as are. But its authority is alike applicable to things and persons individually

    considered

    Taken in the aggregate The function of the supreme executive power consists principally

    in applying to individual things and persons the general provisions made by the supreme

    legislative power: that is to say in such sort as to give to its acts the intention and

    effect intended by them.

    Art. 1. By the supreme constitutive power is meant the power of locating those by whom

    the supreme operative power shall be exercised.

    Art. 2. The supreme Constitutive power is in the hands of all persons inhabitants of

    any part of the territory /Citizens/ of the State, and able to read the Constitutional

    Code Females and non-adult males excepted and persons in a state of open hostility to

    the State excepted. For the evidence /proof/ of such ability See Art. (   )

    A Citizen is

    1 every person born within the territory of the State.

    2. Every person whose name has for │   │ months or more been resident within the

    territory of the State. For the proof of such residence see Art. (   )