JB/037/314/001

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1823. June 13
Constitut. Code

To the Executive if belongs (suppose) as by the here proposed
constitution it does to command in chief the cor military force
of the State, and where he does not command it in person, to
locate him who shall command it. To the Executive Chief
and not to the Legislative Govt, in all ordinary cases.
But suppose the Executive Chief or such his deputy, be possessed
as he thinks of the affections of the Military and setting
up for the Sovereignty? Either the Legislators must dislocate
him, or either Civl war or despotism instead of his representative democracy
despotic Monarchy ensues.

So in the case of the Judicatory. If in any district
the Judge wilfully forbears to give executive and effect to the declared
will of the Legislation and to such wilful forbearance,
certain degree of continuance is given, the power of the Legislature
in that same district is at an end: and that by the waywardness
of a single functionary, the will of the whole people, as
signified by their Agents chosen located by them for that purpose
may in so far be frustrated. For remedy to To prevent this
what is there that will suffice? This and nothing less.
Decree of the Legislature dislocating the insubordinate Judge,
and in the event of his continuancy in the exercise of his
functions notwithstanding, arrestation and confinement of
his person.

Identifier: | JB/037/314/001"JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-13	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	314	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11529
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