1823 Feb. 16

Observations Observations Judiciary Art. 85

Delivered in the form /Expressed in the words/ in which it is here expressed

this is neither /not/ an arrangement nor a principle It has no determinate

application No body of men can be assigned to which it has decidedly any

application.

By the legislative power does it mean the power of the body stiled the

legislative Senate? It should have kept to that expression then, and not have

changed it By the executive power does it mean the body stiled the Executive

Council? Here too it should have kept to that expression then and not have

changed it. Yet to these must it apply /have application/ or to nothing. This

being the case, now observe even one effect. The body called the Executive

Council having as above an equal share of legislative power with the body called

the Legislative Senate, the two bodies concurr suppose and by their joint power

enact a law. Giving execution and effect to this law does not suit the wishes[?]

of the persons whosoever they are who are invested with Judicial power in the

supreme grade. What is the consequence the law remains of necessity unexecuted.

Here then is another disguised Veto on the power of the appointed Deputies of

those of whom the supreme Constitutive power is composed. Here is a set of

functionaries in whose power it is to dissolve the government, and put anarchy

in the place of it: a set of functionaries who thus have it in their power to

unite their own power with all those whose wish it is that the Constitution

should have place /continue or exercise/ /be carried into effect/.