1822 June 26 Economy

The modes of limitation being thus distinguished, apply them to the several

branches of power in a State

1. First as to the Supreme Constitutive branch

If to the power belonging /appertaining/ to the supreme Constitutive

functionaries such is its simplicity any limitation /restriction/ in any way can

be applied by limitation applied to the field of their power, it can only be

through the medium of a correspondent limitation /restriction/ applied to the

functionaries possessed of the supreme operative branch: To the power /of their

representatives/ which the possessors of supreme operative power their

representatives shall be competent to exercise there shall be such and such

limitations /restrictions/ shall be understood as applying. In this indirect

mode alone is any limitation capable of being applied in the field of power

appertaining to the class of supremely constitutive functionaries.

Note on this occasion that when in any state endeavours are /language /industry/

is/ employed in the endeavour to trace all power to its first source, a sort of

cloud hangs over the operation at the spot in which that source is looked for.

Constituents may apply limits /restrictions/ to the power with which they

entrust representatives: principals may set limits /apply restrictions/ to the

power with which they entrust their trustees. But who is it that does /are they

that do/ or can take upon them to apply limits to the power of Constituents? Of

Constituents themselves where [...?] shall we find /who can be/ the

Constituents?

The plain truth of the case is - that when, in the drawing of a Constitutional

Code persons of a certain description are declared and professed to be possessed

of the supreme Constitutive power, whereupon they acy accordingly, the

possessors of the supreme operative power for the time being are the persons by

whom they are invested with such their constitutive power /it/: by this positive

act it is that with relation to this matter the initiative function is

exercised; and as to the corresponding consummative power it is exercised by

them in active way /by the functionaries/ on whom the constituent power has so

been conferred - exercised by them in an active way, and in a passive way by all

the other members of the community in question, namely by their

acquiescence.