JB/038/203/001

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1823. June 11

Constitut. CodeIII. Rationale
Ch 4 Legislative
Ch 5 Executive
§
§. U.S. Senate
(1

or 1.
Addition to complication
of Senate's Constitution
by combination of executive
with the legislative
functions: viz. to the body
a half share in locative
power with the President
[ Post this off to the
Executive.]

2.
By U.S. Constitution
Art. II. §. 2. To President
it belongs - "to nominate
"and by and with advice
"and consent of the
"Senate to appoint all
"officers of the U.S. whose
"appointments are not
herein otherwise provided
"for."

or 3.
Hence, with majority of
the 48, viz. 25, he may
locate: otherwise, not.

or 4.
Thus, instead of attaching
on the President,
responsibility being divided
among so many, is
dissipated.

or 5.
Effects of this complication -
1. good, none.

or 6.
2. Evil, these -
1. In Legislative, delay to
all measures indiscriminately:
usefulness, assignable
or probable, none.
2. Frustration of all
measures frustrated by the
delay.
3. Danger of veto to
arrangements useful as to
foreign powers, through
corruption administered
by them.

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or 7.
II. So in Executive - viz.
as to location, danger of
location of less apt
functionaries, by agreement
with President for sharing
out the patronage: each
to favour his connections
by tie of interest or
sympathy locating a candidate
less apt than he who, under
a sense of responsibility,
would have been located.

or 8.
5. Waste of money employed
in pay _____ Dollars
per day to each [_____]
Dollars per year to each
[_____] Dollars per year
to all.

or 9.
6. Complication.
Want of intelligibility,
thence of notoriety. To the
mass of law, a useless
addition: from the facility
of bearing in mind the
substraction from the
probability of a correct
conception of its good & bad
points, in the mind of each citizen.

or 10.
Encouragement given to
corruption and malpractice
in these functionaries
1. by nondislocability for
6 years.

or 11.
2. by impunity perpetual.

or 12.
Inconsistency. President,
punishable in appearance.
[☞ Refer to the Article]

or 13.
In reality, he and they
both are unpunishable,
and he undislocable:
for for no crime can he
be removed but by them:
nor punished at all.

---page break---
or 14.
Compare the magnitude
of the evil left here
remediless with the
imaginariness of the
evils guarded against
by exclusions from
eligibility.

or 15.
If, from these theoretical
errors, no perceptible evil
has ensued, the remedy
applied by the potency
of the Public Opinion
Tribunal must have
sufficed for this.

or 16.
Contrary to it's own
principle, U.S. Constitution
in favour of Senate, adds
Judicial to Legislative
and Executive.

or 17.
Result, for negativing
a treaty for a bribe, to
President and Senate,
President dislocable,
both unpunishable —
Bribe £50,000 - President
keeps the whole: Senators
the majority - each
provide for son or daughter
at public expence.
If this is prevented, it
must be by the moral
sanction: by the legal
it is licenced.

Identifier: | JB/038/203/001"JB/" can not be assigned to a declared number type with value 38.
Date_1	1823-05-11	Marginal Summary Numbering	or 1 - or 17
Box	038	Main Headings	constitutional code
Folio number	203	Info in main headings field	constitut. code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11840
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