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Judges Nat. Ass. Court
Frome Division Delete
☞ Offences against
individuals are all may be
reckoned as Offences
agains some possession: viz Life,
Honour, Personal
security or safety
of Indemnity nonsecurity
Propriety rights
are proprietary
possessions.
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As the probity good
behaviour of the persons invested
with supreme
acting power authority depends
solely on their
dependence on the
people, it therefore
does not depend
upon the separation
of that power
from others – upon
any devision of
powers.
If a division of
powers is of use
it is only in as
far as it gives occasions
to the divided
powers, in case
of disagreement
to appeal to the
people and will
for the expression
of their will.
If then provision
is made
for the expression
of their will without
appeal,
the appeal and
the division becomes
unnecessary.
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If then
In so far as the
division does not
contribute to render
them dependent
on the people, it
is of no use.
They will agree Each will agree
the other without difficullty
in measures
adverse to the
interest of the people
and by their disagreement
a to prevent good
ones.
Division independent
of that
tendency is productive
of no one
good effect, & it
is productive of
many bad ones.
It is necessarily
productive of delay
naturally of morals:
often of disgust to the
business, thence
of indifference
and of misconduct
which is
the natural fruit
of indifference.
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The King is
neither not the
supreme power
in any sense.
Not the supreme
active. For the
it is he
who is responsible
to the Assembly, not
the Assembly
to him.
Not the supreme
: for
that is in the
people. His
power is only
that of the Informer:
it is
the people whose
power is that
of the Judge.
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The supreme
Judicial Court
should be amendable
commonly
before a tribunal
to be Committee
of the Assembly,
whose report
shall be ratified
by the Assembly.
Not in the way
of Appeal since
that would the
frequency &
constancy often
bound up in this
case would
1. Consume heir
time & turn them
into more Judges.
2. Get them into
a habit of corruption
by frequence
of sollicitations.
If the Judges
were not responsible
continually
to the Assembly
they might make
themselves independent
of the
Assembly & by
that means of
the people, & do
as they please
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On the people they
could not be dependent
immediately
on account of the
incapacity in the
people if acting
in a body.
They can only
be immediately
dependent on them
by being dependent
on those who are
dependent on them.
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The Judicial
power ought not
to be compleatly
independent of the
Executive Legislative. If it
were the Legislative
could never
be assured have any assurance of the
efficacy of its
acts. There would
be in
imperio.
The supreme Judicial
Court ought
not to be dependent
on the King.
Were it not dependent
on the Assembly
it would be not only independent
and but absolute.
The power of
As the National
Assembly could not
effect orders to in
relation to individuals
its authority would
be nugatory. The
Judicial would have
the whole.
This jurisdiction The superintendence
over the
Judicial power does
not make the
Legislative arbitrary.
The right
of in their
constitutents & that
of dissolution is their
check, & a quite
sufficient one.
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Judges quamdon
&c.
2
Removable judicially
by their
superiors for
male-practice.
3
A superior Supreme Court
exempt from Appeal.
4
But not exempt
from amotion nor
other punishment
5
Amotion or other
punishment to be
inflicted by a Committee
of the Nat.
Ass. on Report of
a Committee chosen
ad hoc.
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Errors in Judgment
in the Judiciary line there is no occasion
that the Supreme
Legislative should
redress.
They can happen
but once.
Were they to happen
repeatedly in the
same way, it would
be in pursuance
of an apparent plan
which would be evidence
of mala-fides,
and a ground
of censure.
The objection against
occasional
terminations of
Judges performed
by the King, applies
not against
occasional election
by the Assembly.
Being at the devotion
of the King
they execute the
secret will of a
person irresponsible
for any
abuse.
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The objection against
uniting
in the same persons
the character of accuser,
and Judge
has nothing in it.
Answer. The objection abuse
against
is founded only
on the supposition
of the occasion having
a private interest
of his own –
of his being a
party
Where the Judge
has no interest of
his own this hinders
not his performing
the functions of an
accuser, or rather
doing without them,
and acting ex
officio
The objects to
Judges acting ex
officio, only turn
upon their acting
in secret or in
execution of bad
laws.
Where Judges act
in secret, the division
of power may
have some nor
in virtue of the
necessitating discussion
and diminishing the
secresy, forming a sort
of a public in unnatural
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