xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/008/076/001

Jump to: navigation, search
Completed

Click Here To Edit

1821 March 15 Revised 16th
Rid Yourselves

§. Constitutl Code purely for the dominion.

14.
If, while a Representation
is framing, or on its way,
the money is to be levied,
the right of Representation
is useless: unless, on the
Representation being found
just, the money, with interest,
is refunded; which
is not to be expected.

15.
Theories on which the
project for drawing money
from Ultramaria
to Spain by force of the
Constitutional Code must
have been grounded.
1. Ultramaria upon which –
2. Rope from one to the other, &c.

16.
But Per defender of the claim
disobedience is provided
against. Per 336,
Provincial government's
power abused, (and non
use is abuse) King may
suspend every one of the
9 Members: this done, for
securing a majority, he
has, per 329, the 3 Members
of reserve
.

17.
For giving effect to this
resource, addition to the
theory is necessary. Say –
1. Suspending rope from
Madrid to each Ultramaria
province. 2. Power of modelling
the hearts of these three.
3. Power, on their parts,
of being cut into seven,
to outnumber the six
refractory.


---page break---

§. Constitutl Code purely for the dominion.

18.
See the labyrinth which
your legislators have made
for themselves, and in
which they have lost
their wits!
Yet no advice will
they receive. For supply
to deficiency of skill,
they burst to pertinacity.

19.
For support to this weakness,
despotism at bottom.
Despot, the Governor
sent from Spain.
Appointer, King without
check. 171. Ch. Clause 5.

20.
True, by 225, all "orderies"
ought to be confirmed by
Secretary of the department:
else, neither tribunal nor
public person shall give
accomplishment. But,
per 171. Ch.5, King may
change this Secretary
till he finds a complying
one, as on 2d. March 1821,
when all went out.

21.
To the powers of the Governor,
acting singly, limits
none.

22.
To the powers of the nine
Members of the Provincial
deputation, of which he is
one, limits none, except
by the special powers enumerated,
and the general
power to promote prosperity.
By those who do
wish for any no other power
than enumerated, the
general power will be
understood to be limited
by them: by those who do
not, not.


---page break---

§. Constitutl Code purely for the dominion.

22 continued.
By the Governor, not:
In case of necessity, he
will take upon himself
singly to "promote the
"prosperity
" of the province.
Though Not even by this a limitation
is his power bounded.

23.
For concurring in the
appointment of a mischievously
despotic Governor,
(say a Duke of Alva)
no penal responsibility
can attach upon a Minister.
Unimpeachable
were certainly the Governor's professions, and perhaps his
antecedent conduct. Punish
A. for B's breach
of promise?

24.
Per 225. "Orderies" may
afford means of evading
the necessity of a Minister's
concurrence in the
appointment of a Governor. "Orderies" means (it
may be said) nothing but
commands, orders.
Per 171. Ch. Clauses 4 & 516, nombrar
is the word, where to appoint
to an office is meant.
Order may mean or
not mean appointmt.,
as a judge pleases. In
an appointment are
included commands See Dumont Traite's &c.

25.
No difficulty would
an English judge find
in construing it either way.


Identifier: | JB/008/076/001
"JB/" can not be assigned to a declared number type with value 8.

Date_1

1821-03-15

Marginal Summary Numbering

14-25

Box

008

Main Headings

rid yourselves of ultramaria

Folio number

076

Info in main headings field

rid yourselves

Image

001

Titles

constitl code paralyses the dominion

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2 / e1

Penner

john flowerdew colls

Watermarks

j whatman 1819

Marginals

Paper Producer

jonathan blenman

Corrections

jeremy bentham

Paper Produced in Year

1819

Notes public

ID Number

3180

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk