date

1822 June 17 Economy etc To the Judicial
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.
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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 May 10 Economy etc Text?]
    Description: 1822 May 10

    Economy etc Text?

    12 May 1822 Quere in what place if any shall use be made of the matter of this

    sheet?

    6 The greatest happiness of the greatest number requires that the hand or hands

    in which the supreme Executive power is placed be subordinate to the supreme

    legislative body in all modes of subordination: namely 1. by power of cessation:

    2. by power of command on pain of punishment. 3. by power of punishment. 4. by

    power of dislocation but not 5. by non-concurrence.

    Principle of exclusion of Anarchy Anarchy-inhibiting principle

    Q. The supreme legislative power and the /a/ supreme super Executive power why in

    the same hand?

    A. Suppose for simplicity of conception suppose the Supreme Executive power to be

    in the hand of a single functionary. If he were not displaceable by the supreme

    legislative functionary or body of functionaries their power might by him be

    reduced to impotence If he were not punishable by that same legislative body, he

    might before the dislocation could be effected produce mischief indefinitely

    intense, extensive and irremediable. He might for example put to death the

    members of it in any number. If, so far as depended upon their power and the

    orders given in consequence he were dislocated - he might refuse to submitt to

    those same orders.

    7. The greatest happiness of the greatest number requires that the Office of

    Supreme Executive Functionary be in the hand of a single individual. Stile him

    for example President /Supreme Director/ of the Commonwealth. Reasons 1.

    Principle Responsibility securing principle 2 Expence minimizing principle. 3.

    Complication inhibiting principle.
  • 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.