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1823. May 26
Constitut. Code
Ch. Judges S. Location
1.
Question- Location of
Judges- why not in con
stitution, nor Legislative,
nor Executive, but in Jus-
-tice Minister?
2.
Answer. Reasons.
I Why not in Constitu
tive.
1. Want of time: as in
case of Executive Chief
3.
2. Want of moral aptitude.
For seating members of
Legislative, aptitude suf
-ficient: for by location
of one member, no Con
-stitutive's sinister inte
rest could be served
without concurrence of
a majority: which, as a
-bove, is not probable.
Not so for locating singly
acting Judges.
Poy league with a candi
-date for the Judgeship,
a single leader might in
the event of his success,
acquire means of grati
fication for sinister inte
-rest to an indefinite ex
-tent.
4.
Connected thus with
and dependent on, the
head of a party, the un
due favor of the Judge
might thus be all along
shown to every member
of that party, his unjust
disfavor to the opposite party.
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Ch. Judges S. Location
5.
That in these hands
the dislocative with re-
gard to the situations in
question should is
proposed. But,
with the two exceptions
here noticed (namely
Legislative and Minis
terial) it is essential
that the locative and dis
-locative function be not
in the same hands: at
any rate, not exclu
-sive dislocative in the
same hands with the lo-
cative. For it yes, what
ever particular and sin
-ister interest, places tho
functionary in the situ
at ion will, how bad so
ever his conduct, be
disposed to keep him
there
6.
True, under a Govern
ment arranged
in other respects, sooner
or later, mischief from
this, as from every soutre
would find remedy:
viz from Public opin.
Tribunal.
But to the application
of the remedy in this case,
a constant party strug
gle would be necessary
The locating party success
ful, redress none: suc
cessful, then one party
Judge would succeed to another , oppression
and depredation might be
in part extinguished, but
also in part they would
only change sides.
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Ch. Judges S. Location
7.
Against such evil,
insufficient would be
the remedy by Appeal:
for
1. By the inseparable ex
pence vexation & delay,
the application of the
remedy would be limited
8.
2. The from
party influence, applies
also to the Appellate
Judicatories.
9.
3. Want of intellectual aptitude.
On this point, constitutive
in altogether debarred
from computiry with
Justice Minister.
See the list of his func
tions.
10. art.
II Why not in Legislative?
Reasons same in kind
as those applying to Con
stitutive: only not so
strory: yet sufficient
[us Quere if not stronger?]
11. art.
III. Why not in Executive
Chief?
Answer. Reason
see applying to situa
tion of Justice Minister.
For the functions Execu
tive Chief would have
to look to the exercise of,
in addition to his own
and those of his subordi
nates the Minister, see
Justice Minister's functi
ons.
12. or 2.
Amongst functionaries
of the administrative de
portent, as to what re
yards official duty, con
testation is neither desi-
-red nor expected: for im
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impartiality there is
therefore no demand.
Not so in the situation
of Judge: this contestation
is certain: and only for
the termination of it, is
the office instituted.
Here there is the demand
for impartiality: and for
independence as towards
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