JB/038/211/001

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1823. July 24.
Constitut. CodeIII. Reason giving --
Ch. 5. Constitutive
§. 3. Public Opinion Tribunal
Composition -- functions.

5.
III. Reason giving part
2. Why employ and seek
to augment the power
of this unofficial Judicatory?
A. To a democracy, it is
a natural instrument
of support: to probabilize
execution and effect
of the law, of the
Members of the Constitutive
body, as many as
will are invited to
act as unpaid functionaries.

In all other forms of
Government, the
magnitude of it's power is
acknowledged. But it's
tendency being to check
on all powers but the
Constitutive, it is an
object of dread & enmity.
The endeavor is either —
1. To keep out of it's
cognizance all questions
of polities, morals or
religion: or
2. to give it's power a
sinister direction by all
possible means:
namely,
1. Force
2. Intimidation
3. Corruption
4. Delusion

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11.
By a conspiracy to
such purpose, an
aggravation is constituted.

12.
By disapprobation so
expressed, the member
of the Constitutive body
acts as Judge, and
in so far as his vote is
determined by the opinion
so expressed in
disfavor of the supposed
delinquent, as Executioner.
In ordinary Judicial
seats, such union of
functions wd. be inconsistent
with justice.
Not so here, it being the
only course the nature
of the case admitts
of for guiding
an Elector's vote.

Identifier: | JB/038/211/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1823-07-24	Marginal Summary Numbering	5, 11-12
Box	038	Main Headings	constitutional code
Folio number	211a "a" can not be assigned to a declared number type with value 211.	Info in main headings field	constitut. code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11848
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