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1824. Augt. 18. ☞ Posted 15 Sept. 1827
Constitutional Code
Ch. X. Defensive Force
§. 4. Power of Military
Rationale
32 or 1.
Question. Power thus
arbitrary & extensive,
why?
Answer. For benefit of
all parties. p.11.
33 or 2.
2. The public. Lest, if
not given by express law,
powers thus conducive
to the greatest happiness
of the greatest number,
thence tho' timidity,
even scrupulousness,
or hesitation,
not be exercised; and
mischief, liable to exceed,
to an indefinite
amount, the mischief
done in exercise of them,
be produced.
34 or 3.
II. The Sufferers. 1. For
all damage proved to
be done in exercise of
this power, it is an indispensable
condition
annext that compensation,
as adequate as
possible, shall be made.
The actors not being punishable,
they wd. have
no motive for impeding
the proof of it: they would
have the motive of
sympathy for assisting
it. Through fear of
punishment from their
official superordinates
for not doing it, they
would do the damage
while which, in case of their
doing it, they would
have confidence in
public Justice.
Yet
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Ch. X. Defensive Force
§. 4. Power of Military
Rationale
34 or 3 contind
Yet, that confidence
not being entire, the
law being on the other
side, then endeavours
would be employed
in concealing
rather than in making
known, the amount.
35 or 4.
Art 2. Instead of being
occupied in conjunction
with the actors,
in establishing the proof
of the damage, they wd.
be occupied in endeavors to hide the property
or carry it off, &
in the meantime
to defend it against
the invaders: hence,
indefinitely encrease
in all imaginable
shapes, to the amount
of the damage.
36 or 5.
III. The Soldiers. Evils
they will be freed from
are,
1. Danger of punishment
in case of disobedience
to their
superordinates.
2. – of do, for violations
of the laws.
3. Of suffering, by the resistance
of proprietors.
4. Of being odious to
the people in general.
37 or 6.
Arbitrariness. To minimize
it, is the object
and tendency of
this authorization.
Arbitrarily is everything
not judicially
done: judicially, i.e.
either
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Ch. X. Defensive Force
§. 4. Power of Military
Rationale
37 or 6 contind
either by Judge's Orders,
or under assurance
what whatever
is done will be
brought before him
by evidence.
38 or 7.
Evil consequences
of the omission to
give authority thus
regulated.
1. If no such previous
indemnity, is granted
by law, but granted
by a stretch of
power, the law becomes
an object of
contempt: governmt.
of hatred.
2. If such indemnity is
granted without compensation
to the individual,
further
to government
from the inequality
and the injustice.
3. If, along with the indemnity,
compensation is granted, still
by it's not being granted
till after the invasion
of private
property has been
made, mischief, indefinite
in quantity and
quality which might
have been prevented,
may have happened.
to judicial
4. To the impunity
thus granted, the title
is neer exposed to judicial
scrutiny.
5. Nor yet the title to
what is given as compensation.
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Ch. X. Defensive Force
§. 4. Power of Military
Rationale
39 or 8.
Habitually, freest governments
invade
to any amount men's
property, for no more
cogent reason than
the augmenting that
of others or of all. True,
compensation is
granted & that by law.
But so it is this
case, not many of
those cases is there
any such cogent necessity
as in that this.
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