date

1822 June 17 Economy etc Supreme Executive
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

To the Administrative Department belong the following Sub-Departments
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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 To the Judicial]
    Description: 1822 June 17 Economy etc

    To the Judicial Department it belongs also to apply to individual persons and

    things as also to aggregates of persons and things such rules and ordinances as

    have the Sanction of the Supreme Legislative powers but this only in the case of

    a contest between two or more parties in respect to the point of right,

    reference being had to such sanction as above: application being made by some

    party in the character of plaintiff praying that something be done by another

    party by whom, in [...?] of evitation manifested or apprehended it is alledged

    on the part of the plaintiff, which but for the interposition of the judicial

    power, something that ought to be done will it is apprehended not be done.

    The exercise given to the Supreme Legislative power is either ordinary or /may

    be distinguished into ordinary and/ extraordinary.

    The extraordinary exercise of the Supreme Legislative power is that which would

    have place if on the ground of alledged insubordination on the part of any

    possessor of the Supreme Executive power or Subordinate Administrative power or

    any possessor of Supreme or subordinate Judicial power, measures were deemed

    necessary to be taken for the removal /dislocation/ of the alledged delinquents

    and in case of need for their punishment, as also for the location of other

    individuals in the place of those so dislocated.
  • Title: [1822 May 11 Under the denomination]
    Description: 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.