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1826. June 30.
Constitutional Code.Ch. IX. Ministers Collectively.
§. Oppression obviated
55. 1.
Art 1.Purpose of this
section — provide against
wrongs, to which,
individuals concerned in
the business of this
Department are exposed
at each other's hands
on the occasion of the
business. Employ in §. 20
who
56 2.
Art 2. These are
1. Functionaries.
2. Non-functionaries.
viz. Suitors — Suitors who.
Functionaries are
1. Superordinate.
2. Subordinate. Employ in §. 20
57 3.
Art 3. Wrong, by superiors
clothed with power,
is oppression. Employ in
58. 4.
Art 4. Oppressible
accordingly by superordinates
are
1. Subordinates.
2. Suitors. in §. 1
5
Insubordination
Art 5. Wrong by inferior
under power to superior
may be termed insubordination.
I. Exposition 6. 59.
Art 6. Purposes therefore
of this section are to
repress, so far as may be
done without prejudice
to the service
1. Oppression as applied
to subordinates and suitors. Employ in §.
2. Insubordination,
as applied by subordinates
to superordinates.
Ch. IX. Ministers Collectively.
§. Oppression obviated.
I. Exposition 60 7. Oppression
Art 7. I. Oppressions
subordinates are exposed to
suffer from Superordinates: Official
I. Wrongs, affecting their
official situation: to wit
Wrongful 1. Dislocation.
2. Suspension. 3. Degradation.
4. Transference.
Oppression, locomutation
II. Wrongs at large:
Oppression at large.
I Exposition. 61. Employ in §. 4
Art 8. Means of oppression
in this case, abuse of the
power attached to the above
and the other functions
of the superordinate: in
particular the directive.
I. Exposition 62. 9. Oppression
Subordinates
Art 9. Oppression, Suitors
are exposed to and from functionaries from
functionaries are are exposed to
1. Wrongs by non-reddition
of the services they stand
in need of at their hands.
2. Delay, vexation and
expence on the occasion of
the rendering these services.
3. Any other wrongs §. 3 they
may submit to rather
than experience the above.
II. Remedies 10.
63
Art 10. As between
superordinate functionary,
subordinate do. and suitors,
oppression and in-subordination
need remedies
not needed by persons
at large, in respect of
wrongs at large. Why?
Answer generally applying.
1. The nature of the business
necessitates between them
a closeness of personal
intercourse not necessitated
as between persons at
large. 2. Where
Ch. IX. Ministers Collectively.
§. Oppression obviated.
Rules of
63 10 contind.
2. Where personal
intercourse is thus close,
continuance or
repetition may give to the
slightest personal wrongs
the effect of the severest.
64 11. Exposition
Employ in §. 4
Art 11. Case 2. Oppression
of subordinate by superordinate.
The subordinate
is exposed to it by
the powers which, in
consequence of the relative
situation, the superordinate
can not but possess: viz.
1. The directive power.
2. In virtue of his
responsibility for the
conduct of his subordinates,
the dislocative in some
form or other. Employ in §. 4
4. Remedy 12. Preventive Judicial
65
Art 12. Remedies.
I. Preventive: subjecting
to judicial forms, as
between below, that exercise
which otherwise would
be arbitrary.
II. Sanative: to wit,
by Appeal to a common
subordinate, as below.
Remedies 13. Rules of good behaviour etc
66
Art 13. Against such
petty wrongs at large as
by continuance or
repetition, might have the
effect of grievous ones,
providing appropriate
rules of good behaviour
or say of good breeding,
or good manners: trusting
for execution and
effect in the first place
to the Public Opinion
Tribunal: ultimately to
the power of a common
superordinate, judicially exercised, as above.
Ch. IX. Ministers Collectively.
§. Oppression obviated.
II Remedies 67. 14. Exposition
Art 14. Case 2. Oppression
of Suitor by functionary —
superordinate or
subordinate. Suitor
exposed to it by need he
has of their services.
Remedies the same in
this, as in Case 1.
Note that to wrongful
dislocation by the supposition,
the non-functionary
is not exposed.
§. 20 Inspector
Art 1. Neither in the
Army Subdepartment
nor in the Navy
Subdepartment does
the matter of this
or that of the
next apply applicable
to the case of
the functionaries
be the or any
military branch of the
respective services.
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