1821 April 26

First Lines

Constitutional

Supreme power

Appointment and Removal

In the case of the Supreme power under a Democracy - a /[...?]/ Representative Democracy - for the mode of appointment, including in it /as it does, as the result of one and the same operative/ the mode of removal, the leading principles have been already given.

In this instance and this alone it is manifest that those two intimately connected powers can not be in other than the same hands.

In the case of the judiciary Establishent, what is proposed is that the power of appointment being in a single hand, the power of removal shall be in the hands of a numerous body exercised the same as that in which the right of appointment and thereby in conjunction with it the power of removal with relation to the Members of the body by which the supreme operative power in the state is exercised, - that this power be in those same hands and exercised, as nearly as the nature of the case admitts, in the same manner. For the scheme of distribution thus composed - and for each of its two so intimately connected yet so perfectly distinguishable and separable parts, reasons have on that particular occasion been given. Though not as an original to be copied for the several other commonly distinguished and separated departments of Government - and for the several distinguishable branches of constitutional law applying to those several departments, - this same scheme of distribution, though not in the character of an original to be copied, absolutely and compleatly copied - yet, in the character of a precedent and standard to be referred to, and in that of a source of information to be drawn upon may, it is hoped, be employed not without advantage. In so far as the same circumstances have place, the same reasons will apply, and the same arrangements may be employed to advantage: proportion /in so far/ ascircumstances differ, reasons will differ, and different arrangements will require to be employed.