1823 Feb. 16.

J.B.'s Articles and Reasons

Division of Power, none

The use of the supreme executive power is to be give execution and effect to the /in detail to the more extensive/ arrangements made by the supreme legislative. It is therefore but an instrument in the hands of the supreme legislative: the fitter instrument the fitter the more [...?] obsequious to the will of the legislative

The good done by the separation made of the executive power from the legislative consists not in the setting up a separate will to act in any case in opposition to that of the supreme legislative. The sole reason for the separation consists in the impossibility which the possessors of the supreme legislative acting as they must do in a body are under as to the finding time sufficient for the adding to their own functions those of the executive.

If by any means the possessors of the supreme executive can give execution and effect to a will of theirs which is in opposition in any respect to the will of the supreme legislative, or which comes to the same thing prevent a will which is the will of the legislative from receiving its execution and effect, it thereby exercises a controul over the legislative, and by sharing with it in its powers adds to the whole of the Executive a share in the legislative

The people have nothing to gain from any such controul: and they have every thing to suffer from it.

They have nothing to gain. For the will of the Executive can not be more perfectly subject to theirs than the will of the legislative is, as above. For reasons that will be seen presently they would gain nothing by being in an immediate way the electors of the Members of the supreme Executive: and in an unimmediate but still sufficiently effective way they are masters of the Executive by being masters of the legislative, if the legislative are masters of the Executive.