[xxxvi. 164]

1822 July 1.

Constitut. Code Rationale

Supreme Operative

Body - why no 2d?

Q. The Supreme Operative power why in a single body, and not in two bodies or more

Answer. Determining Principle

1. Avoidance of needless Delay, say in one word dispatch

2 Avoidance of needless Expence - Say in a word Frugality.

Exposition of the Rationale of these principles

Shewn already as follows

1. The hands in which the supreme operative power is lodged ought to be located and dislocated by the great body of the people

2. The hands in which this power is lodged ought to be not those of a single individual but those of a numerous body

3. Of this body the Members ought to be located and dislocated by the Electors of so many Territorial Districts into which for this purpose the whole territory of the State ought to be divided.

That point /position/ being considered as established comes now the question whether the institution of one such numerous body being determined upon, one or other or any more than one other ought to be added.

The answer is - Not so much as one other: in which answer is included a negative upon every greater number

If in addition to this first body there be a second, this second will either be a body having an interest not opposite in any way to the interest of the great body of the people, or a body having an interest opposite in this or that way to the interest of the people. Under the greatest happiness principle to say that among the functionaries sharing in the supreme operative power a body having an interest opposite [...? ...? ...?] of the people ought not to have place is as much as to say that it is against the interest of the people to be under the government of men having an interest opposed to theirs and in a condition to give effect to that particular interest at the expence and by the sacrifice of that universal interest.

There remains therefore as the sole subject of the question, a second body having an interest the same as that of the people - the identity or coincidence between the two interests being provided for in the case of this second body upon the same principles as in the case of the first.