[clx. 322]

1823 Sept. 15

J.B. for Greece Constitut. Code

III. Rationale - brief

Ch.5 Short Rationale

?.3. In People the supreme and universal dislocative

/Constitutive's dislocative Reasons/

3. If /Suppose/ the functionary or functionaries on which the power is exercised be the members of the legislative, the exercise of it on a particular occasion would be nothing more than an accelerated anticipation of that exercise which at the end of the year would take place of course

4. If the functionary or functionaries were any other than the members of the legislative, the exercise could not take place but on the supposition of a neglect or concurrence on the part of the legislative: it would betoken a want of confidence in the legislative as a body: and the legislative would naturally be on the watch and take measures for saving themselves from the expression of such want of confidence

Of all the grades which this Constitution exhibits The lower in grade the functionary is whom it should be in their contemplation to dislocate, the more grades there are above him in every one of which the functionaries belonging to it would be on the alert to save /preserve/ themselves against the reproach that would be cast upon them by such a want of confidence by a token of dissatisfaction thus manifested

5. By /At/ the very commencement of the dislocative process, an apprehension such as could not but be more or less efficient would be raised /produced/ in the mind of the functionary thus marked out for censure

The power thus exercised would be nothing more than a negative upon the exercise of locative power in the case in question: and this a negative not exercisible but after experience In this particular the negative here exercised will differ very much and greatly to its advantage from what a negative is in the ordinary course /sense/ - a negative /power/ exercised antecedently to, and without the benefit of, experience.