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1823. July 4
Constitut. Code.III Rationale
Ch. 5. Constitutive
§. 1. [Constitutive in the people, why]
The people – their aptitude for making a good choice
What must not be forgotten is – Only to the situation of legislator does is the immediate locative
power of the people here applied: in the instance of every other
it is by the immediate hand some Agent or Agents of the people that the operation
is performed.
In this case in the instance of the vast majority of the people
that a more than the judgment by which a man's conduct is on
this occasion determined should be his own immediate judgment
is neither not probable nor still less so much as desirable. No; in this instance
of this branch of service business as in the instance of so he will do what
every man does in so many other, he will resort to call in betake himself the assistance
of some judgment in which, it being in possession of appropriate privilege
to which he himself has not had access he has on that next
most apt ground more confidence than his own: in the choice
of a legislative agent he will do as every man unacquainted with
mediocre does in the choice of a medical adviser: as every man
unacquainted with his the state of the law does in the choice
of a legal adviser. He will resort betake himself to the Oracle: and the Public
Opinion Tribunal will be that oracle.
What above all things he will look out for will be the man by whom in whose instance on
all occasions on the occasion of that competition which at all
times and all places has place between the interests of the many
and the interests of the few, has been seen on the side speaking and acting
in favour of the of the many not of the few: and who the men
it the Public Opinion Tribunal will not be backward in informing
him nor will it be much in danger of being mistaken in a mistake.
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