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1826. July 18. Constitutional Code Ch.IX Ministers Collectively
S.21. Oppression Obviated

15.

Art.15. Observations.
the Draughtsman,
was it known to him
what sorts of acts were
instances of behaving
in a scandalous infamous
manner, unbecoming
the character
of an officer and a
Gentleman, why did
he not state them
for the information
of those who, on pain
of ruin, were to avoid
performing them?
Was it not known
to him? With what reason
could he expect
that it should be to
them? To every one
of the many thousand,
(mentions the number)
on every one of whom
in the event of his exercising
this or that
act for want of knowing that it would be
deemed to come under
this description,
this description,
this ruin might fall.

16.

Art 16. Requisite to adequate
definition
is care added to appropriate
aptitude
to agglomeration of
vituperative appellation,
neither.

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17.

Art.17. Per Art. War
S.16. Art 30, the fact or
facts must be clearly
specified — The species
must be assigned — does
this mean in the individual? If the individual
fact, the requisition
may, without much
difficulty be complied
with. But, in it's proper
sense, the word specified
requires that it be the
species of fact: some
species of which the behaviour
to describe is
the genus.

To state the individual
fact is doubtless the
duty of the accuser; but to state the species to
which the description
of the individual fact
shally apply itself belong
to the legislator.

Had the draughtsman
understood the difference between genus, species &
individual, instead of species,
he would have said
particularized.

18.

Art 18. Consequence of this
laxity in the description
of the offence, & the severity
of the punishment:
impunity or punishment
in excess, the impunity to a
person in favour; the excess,
to one in disfavour:
be the offence ever so mischievous
to a highly born
or connected offender, it
will not be thought possible
it should have been meant
to extend: be it ever so slight,
so it can but be construed
to come under these general
words, clear is the designation
of the punishment & it must be inflicted

19.

Art 19. In another article
in which death stands
at the top of the scale,
stands also at the bottom.
In this article are
offences in vast variety
several of them of the
most mischievous kind
possible. Witness. 1. Mutiny,
2. Compelling a Governor
to deliver up a garrison
to the enemy.
3. Add, being found sleeping
at his (the offender's)
post.

Falls asleep thereupon up
on his post the draughts-
man upon his post: and
in his dreams consigns
thus to death every person
"who shall hold correspondence
with...
any or enemy of his
Majesty": thereafter, comes
indeed an exception in
favour of one who has
the sort of license there
described; but the license
clause applied
not to the ease of correspondence;
nor if it
did, would it suffice
to provide for a case
continually occurring,
such as a treaty for a
surrender of a party of
the many to the commander
of a small detachment,
or any other
agreement howsoever
advantageous to his
Majesty under a flag
of truce.

For this sleep of the draughts-
man, wd. cashiering be too
severe? No, if it were by
stoning that the cashiering
were to be performed; for,
among his fellow draughts-
men, scarcely wd. any one
be found entitled to cast the first stone.

Identifier: | JB/038/323/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1826-07-18	Marginal Summary Numbering	15-19
Box	038	Main Headings	constitutional code
Folio number	323	Info in main headings field	constitutional code
Image	001	Titles	ch. ix ministers collectively / oppression obviated
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	11960
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