JB/038/198/001

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1823 Jun 7
Constitut. CodeCh 6 Legislative

Ch 6. Legislative.

1.
Legislators, why punishable -
Dislocability why not
sufficient?

Answer. Cases in which
it fails.
1. Legislator indifferent as
to cintinuance.
2. By misfeasance, able to
procure benefit greater
than that of the office.

2.
Qu. Legislator why dislocable
as well as punishable?

Answer. Case in which
it fails.
1. Dislocation no otherwise
than by Judicial Procedure,
by delay, vexation,
expence and odium,
superordinate may be
deterred: preferring to suffer
his will to remain
without effect.
2. On the superordinate
will all these burthens
press, even though he
appears not as prosecutor,
much more if yes.
3. Even though misdoers
were the legislators,
punishers te Constitutive
through the medium of
a succeeding legislative.
For in both situations,
some must stand forward
as prosecutors.

3.
Objection. Dislocation
and punishment both
difficult.

Answer. Not here.
1. Dislocability
of course.
2. Out of office, such Legislator
is as easily punishable
as any other man.
4. Yes, if, as in a Monarchy,
the functionary is not
punishable, the difficulty
of dislocation would be
extreme.

---page break---
Ch. 6 Legislative

4 contind.
Seek relief, aggravation
by vindictive punishmt..
or civil war, is the sole
alternative.

5.
From the impossibility of
punishing or dislocating
the chief functionary, in
a Monarchy and the next
to impossibility of do. any
instrument or favourite
of his, no wonder if, for
want of attention to U. S.
such difficulty should
appear inseparably attached
to all government.

6.
From the necessity of
providing eventual
punishment, infer not any
probability of a demand
for it's application.
By the very establishment
of the provision, the
probability of any demand
for it is dispelled.

7.
Proof by experience.
In U. S., President
punishable. Since
commencement of Constitution
42 years, and neither
an endeavour nor
a wish to punish.

Identifier: | JB/038/198/001"JB/" can not be assigned to a declared number type with value 38.
Date_1	1823-06-07	Marginal Summary Numbering	1-14, 15 or 1 - 17 or 3
Box	038	Main Headings	constitutional code
Folio number	198	Info in main headings field	constitut. code
Image	001	Titles	ch. 6 legislative
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks	j whatman 1819
Marginals		Paper Producer	john flowerdew colls
Corrections	jeremy bentham	Paper Produced in Year	1819
Notes public		ID Number	11835
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