JB/042/159/001

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1821. April 21.

First Lines

Judiciary
Mem.

To exclude latent power of pardon in the hands of plaintiff's
assistant, give to individuals at large right of open denunciation
to the judge in cases not affording an individual injured.

—

The power of removal, and that alone, being in
the hands of the popular body in question, no such benefit as
that of the power of patronage being obtainable by the exercise
of it, they there would remain as the only occasion on which it
would be likely to be exercised, the manifestation of some
real imperfection manifested in and by the demeanor of
the functionary - the Judge - appointed as above by the National
Minister of Justice.

In the case where, in the hands of the popular
body with its leaders, the power of appointment were united added
to the power of removal, dissention, ill-will, and habitual
conflict, as between the members of one party and the
members of another - as between the members of the originally
stronger and the members of the originally weaker
party, would be among the results: for here would be
a standing bone of contention perpetually standing bone of
contention:- a perpetually hanging apple of discord. The
power of removal standing single, no power of appointment
added to it,- here such bone - here is no such apple.

+++ In the case of the
Judicial office, the patronage
of each such
office would lie within
the grasp of the leader
of one single popular
body, and to this office
would be added the two
secondary offices - the
plaintiff's assistants, and
the dependant's assistant.
Not so in the case where
the office is that of Representative
of the people
in the National
assembly.

Let it not be said - if this be a sufficient reason
for not adding, in the hands of a popular body, to the power
of removal, the power of appointment - in the case where the
office is that of the Judge, so it will be in the case where the office
is that of representative of the people in a national assembly. Included
in each of the divisions of territory by which a representative is
sent to the national assembly will be a multitude of those divisions
of territory in each of which there will be a demand for a
Judge. Each of these primary and minor districts will be but one out of
a multitude of such districts composing the major district by the population
of which a Representative would be sent to the national assembly.+++

That which as above has been applied to the case of
the Indirect office will be found to apply with little if
any variation to the two less principal offices attached to
it. viz. that of plaintiff's assistant, and that of defendant's assistant.

Identifier: | JB/042/159/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1821-04-21	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	159	Info in main headings field	first lines
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e4
Penner	john flowerdew colls	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	13082
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