JB/023/006/001

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1829. Nov. 16.
U.S.
U.S. Senate Locative
English the Model

or 1.
Addition to complication
of Senate's constitution
by combination of
executive with its legislative
functions:
viz. to the body a half-share
in locative power
with the President.
[☞ the
Executive?]

or 2.
By U.S. constitution
Art II. § 2. to President
it belongs "to nominate
"and by and with advice,
"and consent of the Senate
"to appoint ....
"all officers of the U.S.
"whose appointments
"are not herein otherwise
"provided for."

or 3.
Hence with majority
of the 48 viz. 25 he
may locate: otherwise
not.

or 4.
Thus instead of attaching
to the Presidt.,
responsibility, being
divided among so
many, is dissipated.

or 5.
Effects of this complication
– Good, none.

or 6.
2. Evils, these.
1. In Legislature, delay to
all measures, indiscriminately:
usefulness, assignable
or probable, none.
2. Frustration of all
measures frustrated by
delay.
3. Danger of veto to arrangements
useful as
to foreign powers,
through corruption
administered by them.

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or 7.
II. 4. In Executive
location, danger
of location of less apt
functionaries, by agreement
with President
for the patronage:
each to favour
his connections by ties
of interest or sympathy
locating a candidate
less apt than he who
under a sense of responsibility
would have been
located.

or 8.
Waste of money employed
in pay .... Dollars
per day – to wit [ ]
Dollars per month year
year to each [ ]
Dolls. per year to all [ ].

or 9.
6. Complication –
Want of intelligibility,
thence of notoriety. To
the mass of law a
useless addition: from
the facility of bearing
in mind the tenor, substruction
from the probability of a correct conception
of its good and
bad points, in the mind
of each citizen.

or 10.
Encouragement given
to corruption and malpractice
int hese functionaries
1. by non-dislocability
for 6 years.

or 11.
2. by impunity perpetual.

or 12.
Inconsistency. President
punishable in appearance
[☞ Refer to the Art.]

or 13.
In reality he and they both
are unpunishable and he
undislocable; for, for no
crime can he be removed
but by them: not punished
at all.

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or 14.
Compare the magnitude
of the evil left
here remediless with
the imaginariness of
the evil guarded against
by exclusions from eligibility.

or 15.
If from these theoretical
errors is no perceptible
evil has ensued,
the remedy applied
by the potency
of the Public Opinion
Tribunal must have
sufficed for this.

0r 16.
Contrary to its own
principle, U.S. Constitution
in favour of
Senate, add Judicial
to Legislative and Executive.

17.
Result, negociating a
treaty for a bribe to
President and Senate,
President dislocable,
both unpunishable.
Bribe £50,000. President
keeps the whole.
Senators the majority,
each provide for Son
or Daughter at public
expense. If this is
prevented it must
be by the moral
sanction: by the
legal it is licensed.

18. Model England
In case of error in legislation
useful is the instruction
afforded by the indication
of its cause: for
if it originated in
a source other than conception
of utility, by the nature of its may be
afforded a counter-presumption
to encounter
the prejudice in favour
of everything established.

19. Model England
Of this clog in the proceedings
of the Representatives of
the people the idea was
taken from the Constitution
of the several States
in most of which it has
place. See Federalist [ ].

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20. Model England
In those it was taken
by imitation from of
England. At the several
times of the institution
the founders of these
States were young in
the art of legislation,
and the English was
the least bad form of
government they were
acquainted with.

20*. Model England
☞ Add notice of the addition
of the judicial
to the Legislative
and Executive functions
in this case:

21. experiment
Proof of Senate's inefficiency
to useful purposes
– by it, no Veto ever
opposed to the Liberticide
law of 1801.

22. Cause when ill understood
System of operations ill-understood,
uninfluencing
circumstances &
even obstacles are taken
for causes.

23. Blackstone
Wisdom, men had learnt
from Blackstone, is the
attribute of the H. of
Lords. Proof, the masquerade
dressed and the
gravity produced by
foolish pride.

24. Lords not obnoxious
In King they had seen
an irreconcileable
enemy: not so in
the Lords.

Identifier: | JB/023/006/001 "JB/" can not be assigned to a declared number type with value 23.
Date_1	1829-11-16	Marginal Summary Numbering	or 1 - or 16, 17-24
Box	023	Main Headings	constitutional code
Folio number	006	Info in main headings field	constitut. code us
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e3
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	7877
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