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1823 Jun 7
Constitut. CodeCh 6 LegislativeCh 6. Legislative.
1.
Legislators, why punishable -
Dislocability why not
sufficient?
Answer. Cases in which
it fails.
1. Legislator indifferent as
to continuance.
2. By misfeasance, able to
procure benefit greater
than that of the office.
2.
Qu. Legislator why dislocable
as well as punishable?
Answer. Cases in which
it fails.
1. Dislocation no otherwise
than by Judicial Procedure,
by delay, vexation,
expence and odium,
superordinate may be
deterred: preferring to suffer
his will to remain
without effect.
2. On the superordinate
will all these burthens
press, even though he
appears not as prosecutor,
much more if yes.
3. Even though misdoers
were the legislators,
punishers the Constitutive
through the medium of
a succeeding legislative.
For in both situations,
some must stand forward
as prosecutors.
3.
Objection. Dislocation
and punishment both
difficult.
Answer. Not here.
1. Dislocability
of course.
2. Out of office, such Legislator
is as easily punishable
as any other man.
4.
Yes, if, as in a Monarchy,
the functionary is not
punishable, the difficulty
of dislocation would be
extreme.
4 contind.
Seek relief, aggravation
by vindictive punishmt..
or civil war, is the sole
alternative.
5.
From the impossibility of
punishing or dislocating
the chief functionary, in
a Monarchy, and the next
to impossibility of do. any
instrument or favourite
of his, no wonder if, for
want of attention to U. S.
such difficulty should
appear inseparably attached
to all government.
7.
Proof by experience.
In U. S., President
punishable. Since
commencement of Constitution
42 years, and neither
an endeavour nor
a wish to punish.
8.
Yet had there been real
guilt, difficulty of punishment,
except the trouble
in taking part in the
infliction of it, there would
not have been any.
9.
There, delinquency and
adequate punishment
are two sisters: infamy
is adequate punishment.
10.
So even diminution of
highest honor. Witness,
John Adams, earliest
President. Lost reputation
by part he took in
the Liberticide Act of 1801:
but remains even now
an object of universal
veneration.
11.
Means by which a Subordinate
may be dislocated
by Superordinate, without
legal dislocability vexation
if unpunishable.
12.Power By this means even
is coordinate dislocated,
sometimes by coordinates.
Of the power of dislocation
by this means, the magnitude
is as the value of the
office in the eyes of the
officeholder.
13.
Power thus exercised is
exercisible without the delay,
vexation and odium to
him by whom it is exercised.
14.
By one functionary A,
power is exercisible over
another B, by B's inferiority
of power over a common
subject: A's power over B.
will here be as the nature
of the common subject's
services to B.
For this case, see below.
15. or 1.
In Monarchy and
Aristocracy, such the grasp
taken of power, tearing
it out would be as do.
vitals.
16. or 2.
In Democracy such as
U S, power is as easily
parted with, as Coat or
Stockings left off.
17. or 3.
Cause of the difference:
in Democracy, to no
man is power worth an
hundreth or a thousandth
part so much as in a
Monarchy, or even in
an Aristocracy.
N. B. The matter of
this sheet will require
to be carried to another
hand and recomposed.
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ch. 6 legislative |
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