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'' | 1823. July 24.<lb/><head>Constitut. Code</head><note>III. Reason giving --<lb/>Ch. 5. Constitutive<lb/>§. 3. Public Opinion Tribunal<lb/>Composition -- functions.</note><p>5.<lb/>III. Reason giving part<lb/>2. Why employ and seek<lb/>to augment the power<lb/>of this unofficial Judicatory?<lb/>A. To a democracy, it is<lb/>a natural instrument<lb/>of support: to probabilize<lb/>execution and effect<lb/>of the law, of the<lb/>Members of the Constitutive<lb/>body, as many as<lb/>will are invited to<lb/>act as unpaid functionaries.</p><p>In all other forms of<lb/>Government, the<lb/>magnitude of <sic>it's</sic> power is<lb/>acknowledged. But <sic>it's</sic><lb/>tendency being to check<lb/>on all powers but the<lb/>Constitutive, it is an<lb/>object of dread & enmity.<lb/>The endeavor is either -<lb/>1. To keep out of <sic>it's</sic><lb/>cognizance all questions<lb/>of politics, morals or<lb/>religion: or<lb/>2. to give <sic>it's</sic> power a<lb/>sinister direction by all<lb/>possible means:<lb/>namely,<lb/>1. Force<lb/>2. Intimidation<lb/>3. Corruption<lb/>4. Delusion</p><pb/>11.<lb/>By a conspiracy to<lb/>such purpose, an<lb/>aggravation is constituted.<p>12.<lb/>By disapprobation so<lb/>expressed, the member<lb/>of the Constitutive body<lb/>acts as Judge, and<lb/>in so far as his vote is<lb/>determined by the opinion<lb/>so expressed in<lb/>disfavor of the supposed<lb/>delinquent, as Executioner.<lb/>In ordinary Judicial<lb/>seats, such union of<lb/>functions w<hi rend="superscript">d</hi>. be inconsistent<lb/>with justice.<lb/>Not so here, it being the<lb/>only course the nature<lb/>of the case <sic>admitts</sic><lb/>of for guiding<lb/>an Elector's vote.</p> | ||
1823. July 24.
Constitut. CodeIII. Reason giving --
Ch. 5. Constitutive
§. 3. Public Opinion Tribunal
Composition -- functions.
5.
III. Reason giving part
2. Why employ and seek
to augment the power
of this unofficial Judicatory?
A. To a democracy, it is
a natural instrument
of support: to probabilize
execution and effect
of the law, of the
Members of the Constitutive
body, as many as
will are invited to
act as unpaid functionaries.
In all other forms of
Government, the
magnitude of it's power is
acknowledged. But it's
tendency being to check
on all powers but the
Constitutive, it is an
object of dread & enmity.
The endeavor is either -
1. To keep out of it's
cognizance all questions
of politics, morals or
religion: or
2. to give it's power a
sinister direction by all
possible means:
namely,
1. Force
2. Intimidation
3. Corruption
4. Delusion
---page break---
11.
By a conspiracy to
such purpose, an
aggravation is constituted.
12.
By disapprobation so
expressed, the member
of the Constitutive body
acts as Judge, and
in so far as his vote is
determined by the opinion
so expressed in
disfavor of the supposed
delinquent, as Executioner.
In ordinary Judicial
seats, such union of
functions wd. be inconsistent
with justice.
Not so here, it being the
only course the nature
of the case admitts
of for guiding
an Elector's vote.
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john flowerdew colls |
j whatman turkey mill 1822 |
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jonathan blenman |
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