1823. May

Constitut. Code Location F

Ch XXV Justice Minister III. Rationale

§. II Located by whom.

1. Why in Legislature.

Ch. Justice Minister

§. Locality whom

1. Question — Of Justice Minister, location why in Legislature — not in Constitutive, nor in Ex- -ecutive Chief?

2. Answer. Reasons. I. Why in Legislature — 1. Use of this office, giving execution and effect in the surest manner to Legislative will in the case in question: viz. that of contestati- -on between party and party concerned: i.e. where, instead of ob- -sequiousness, it experi- -ences contestation.

3. In each individual instance, suppose that will ascertained, obse- -quiousness can not be too sure, nor too prompt.

4. Thence, the dependence of this functionary on legislative can not be too immediate.

5. On any particular occasion, suppose the will of the legislative adverse to the interest of the greatest num- -ber, the sole proper appeal is — not to the will of any one func- tionary, such as the Ex- -ecutive Chief, but to the whole Constitutive.

Ch. Justice Minister §. Located by whom

6. Sole reason for not giving to Legislative this function, in addi- -tion to the Legislative, want of adequate time in their case, as in that of the Constitutive.

7. Of that reason, no good imagined to re- sult from the lessening of their power, forms any part. The only mode of lessening their power without lessening the beneficial exercise of it, is the placing over them the power of the su- -preme constitutive

Ch. Justice Minister §. Located by whom

8. or 1. II. Why not in Constitutive? Answer. Reasons. 1. Want of time for this, in addition to constitutive

9 or 2. 2. Note, by want of time, is here meant want of time - not for the mere exercise of this function, but for acquiring intellec- -tual aptitude: i.e. appro- -priate knowledge, and d o judgment.

10. or 3. 3. In people at large, interest exerted by the disposal of power in this case will not be so great as in that of a Member of the Legislative: thence, the information brought before them in their Public Opinion Tri- -bunal by the leading Mem- -bers will not be so great in this case as in that.

11. or 4. 4. In the giving effect to Legislative's will, more interest will be taken by Legislative itself, than by constitutive.

12. or 5. Except in regard to mem- -bers of the Legislature, it is essential that locative and dislocative power with relation to the same situation, be not in the hands of the same bo- - dy. See as to this, the case of the Justice Mi- -nister.

[ . Note two situations, in relation to which, they are proposed to be in the same hands: 1. Legislature - Members of- 2. Ministers.]