1823 Feb. 16

J.B.'s Articles and Reasons

Judiciary

For the exercise of it a determinate day of the year ought to be fixt: and it ought to be the same day as that on which the suffrages for the Election of Members are delivered.

Reason. If a particular day was not fixt by law for the exercise of this function, the exercise of it would then depend upon the exertion of some particular individual or individuals. But by any such exertion a man would expose himself to the ill will in the first place of the Judge in the next place of all persons to whom his continuance in the situation was particularly acceptable then in case of any injustice committed by him in favour of particular individuals, to the particular resentment of all unjustly /unduly/ favoured individuals.

Reason why on the same day rather than on any other

1. Saving the time of the Electors

2. Securing for these functions the fullest attendance possible.

To the Minister of Justice ought moreover[?] to appertain the power of placing in any other district a Judge displaced out of any district as above by the Electors

To the Minister of Justice should moreover[?] appertain the power of displacing altogether any Judicial functionary not displaced by the Electors of his district.

Reason 1. Otherwise he would not be in a sufficient degree responsible for the due discharge of this his function: the security of the appropriate aptitude of these subordinate functionaries would not be so [...?] as it is capable of being.