1823. Oct n 6.

Constitutional Code

1. Enactive Part

Ch. XII. Judiciary Collectively §. 29. Located here.

1. Located by Justice Minister are 1. Judges Immediate and

Appellate.

2. 2. So government Advocate.

3. 3. So eleemosynary Advocate.

4. 4. So Registrars

1. Question-Location of Judges, why not in Constitutive, nor

Legis lative, nor Executive, but in Justice Minister.

2. Answer. Reasons 1. Why not in Constitutive 1. Want of time,

as in case of Executive chief.

3. 2 Want of moral aptitude. For locating members of Legislative,

aptitude sufficient: for by location of one member, no

Constitutive's sinister interest c d be served, without concurrence of a majority:

which, as above, is not probable Not so for locating singly

acting Judges By league with a Candidate for a Judgeship, a

single might, in the event of his success, acquire means of

gratifications for sinister interest to an indefinite extent.

4. Connected thus with and dependent on the head of a party,

the undue favour of the Judge might thus be all along shown to

every Member of that party, his unjust disfavor to the opposite

party.

5. That in these hands the dislocative with regard to the

situation in question, sh o be as here

proposed. But with the two exceptions here noticed, (viz.

Legislative and Ministerial), it is essential that the locative

and dislocative functions be

not in the same hands: at any rate, not the

exclusive dislocation in the same hands with the locative. For, if

yes, whatever particular and sinister

interest places the functionary in the situation will, have had

soever his conduct, be disposed to keep him there.