1826. Jan y.

Constitutional Code

Ch. IX. Ministers Collectively S.14 Locable who.

1.

Of the secret and open mode, which is preferable, depends on voter's

situation

1. Mode secret, the voters vote is exempt from all external,

influence tutelary, as well as seductive.

This situation is favorable to the universal interest, so far as

the voter's personal interest is in alliance with it, or not

hostile to it.

2.

2. Mode open, the voter's vote is exposed to external influence

from all quarters, tutelary, as well as seductive viz. 1. To the

intimidative and corruptive influence of rich and powerful

individuals. 2. To the tutelary influence of the Public Opinion

Tribunal.

3.

Cases, in which the secret mode is preferable, are 1. Where voter's

personal interest forms part of the universal interest; as in

election of Legislators 2. Where, it is not out- weighed by

greater damage to interest of other individuals.

4.

11. Cases in which the open is preferable, 1. Where the voter's

personal interest is adverse to the universal interest. 2. Where

it is adverse to a greater interest on the part of a greater

number of individuals.

5.

Conclusion as to different situations. 1. In situation of Electors

of the members of the Legislature, the secret mode is preferable.

6.

Reason. The majority w d. be exposed to the

danger of being forced or allured to give their

votes to unapt candidates deemed by the voters themselves unapt: and

thus sacrifice to that sinister interest the universal interest

in which their own is included. Hence in the Election Code, the

secret mode alone is employed.

7.

2. In the situation of members of the Legislature In this situation,

every voter will be under the influence of two conflicting

pwoers.

8.

1. The intimidative and corruptive and thus seductive power of

the Prime Minister and Ministers in their character of locators

as to desirable officials situation, conferable on or withholden

from those with whom the voters all connected by self-regarding

or sympathetic interest.

9.

2. The tutelary power of the members of the community at large, in

their character of d o. of the Public Opin.

Tribunal, & d o. of the Constitutive

authority with it's dislocative powers.

10.

Hence, one reason for minimizing the seductive power of those

functionaries — Measures for this, are 1. Minimizing the

value thence the seductive power, of those situations 2. Narrowing

the choice of those locators, as much as possible; viz. by

exposing them to the punitive power of the members of the Public

Opinion Tribunal and of the Constitutive Authority, in the

event of their locating persons other than those pointed out as

most apt by the suffrages of the official talent Judicatory.

10. Contin d.

3. Rendering the members of the Legislature themselves unlocable

in those situations & 4. Making known to all what connections

there are between the persons so located, and the Members of the

Legislature.

Under the uncertainty which form may be most effective, hence the

use of employing the double mode of voting in the case of the

votes given of the Legislature.