JB/034/277/001

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1827. Jany. 24. Nov. 23
Constitutional Code Ch. IX. Ministers Ch. XII Judiciary Collectively
§. 13. §. 26. Term of Service

☞ In Federalist I. 235 nothing on this subject, in II 210, it is said
According to the plan of the Convention, all the Judges who may be appointed by
the United States are to hold heir offices during good behaviour:
which is conformable to the most approval of the State Constitutions – among the rest
to that of this State. Impropriety having been drawn into question by the adversaries
of this plan is no light symptom of the for objection which disorders their
imaginations and judgments. The standard of good behaviour for the continuous
the work containing the quintessence of that stock of political science which the
first American emancipation brought into existence "Behold there the

Ratiocinative.
Art. 10. Curious it is to observe the delusive
influence with which, on the minds of political men
of the highest order in the seats of intellectual aptitude,
this phrase has operated. Turn to the Federalist⊞
⊞ in office of the
judicial magistracies
is certainly one of the
most valuable of the
modern improvements
in the practice of government.
In a Monarchy
it is an excellent barrier
to the despotism of the prince;
in a republic it is a no less
excellent barrier to the
encroachment and oppressions
of the representative
body. And it is
the best expedient that can
be devised in any government,
to secure a steady, upright
and important administration
of the laws.
I. 230: approbation is given to the institution by which
the II. 210 Members of the Judiciary department are "to
"retain" it is there said "their offices by the firm tenure of good behaviour.
This is said not only to be Then it for reason – this (it is observed) is not only "according to the provisions
"of most of the Constitutions" ... as well as but moreover "according
"to the most respectable and received opinions on the
subject.† † I. 235. II. 210 Again, in the same page, speaking of the
Judges, (meaning the Judges of those places and those ties) "the tenure
"by which they are to hold their places is" (says he,)
"as it unquestionably ought to be, that of good behaviour."

Ratiocinative.
Art. 11. What he forgets is that in that nation Constitution Art. 11. A point which on that occasion had rather more unquestionably some chance to attention, but which as is seen had escaped attention
altogether, is – that in the the Constitution then on the carpet
there is was not, as in that out of which they had
the makers had so happily made their escape, any such Monarch
from whose dislocation general power of dislocation it was so necessary
that the functionaries in question should be secured,
seeing how assuredly it would be exercised & on
the advancement of he Monarch's sinister interest,
by the sacrifice of that of the people.

Ratiocinative.
Art. 12 Note that, under the here proposed Constitution,
it not being a federal one, over all functionaries
in question, dislocative power at the hands
of the Constitutive, is capable of being expressed with
much less difficulty, than under the Constitution
of those United confederated States. And this is one among the disadvantageous circumstances,
attached to that same federal form of government, which however,
was in their case the only practicable one.

Ratiocinative. Instructional.
In the case of good behaviour, the mode of securing
it's existence, is to take for granted the existence
not of good behaviour, but unless excluded by adequate
preventatives, it's opposite, the very opposite of it.
Art. 13

Identifier: | JB/034/277/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1827-01-24	Marginal Summary Numbering	10
Box	034	Main Headings	constitutional code; law amendment
Folio number	277	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	10551
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