The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

CHAPTER XXIX.

Sublegislatures.

Section I.

Fields of Service.

Enactive. Expositive.

Art. 1. In every District is a Sublegislature.

By Sublegislature, understand a political body, exercising, under the authority of the Legislature, either as to the whole or as to a part of its logical field of service, functions of the same nature as those of the Legislature.

Enactive.

Art. 2. Of the service of a Sublegislature, the local field is also the local field of a Judicial district. So many judicial districts, so many Sublegislatures.

Section II.

Functions in general.

Enactive. Instructional.

Art. 1. By each Sublegislature, under the authority of the Legislature, are exercised, within its local field of service, the several functions following:—that is to say—

1. Its Ministerial function.

2. Its Institution-rearing function.

3. Its Money-supplying function.

4. Its Expenditure-watching function.

5. Its Transfer-compelling function.

6. Its Information-elicitative function.

7. Its Publicity-securing function.

Of these several functions, the nature stands expressed in the seven sections following.

Section III.

I. Ministerial Function.

Enactive.

Art. 1. In the exercise of this function, a Sublegislature assists in giving execution and effect to all Government arrangements, when and in so far as called upon so to do by the Legislature.

Enactive.

Art. 2. So, if called upon by the Prime Minister; but with power in this case to appeal to the Legislature.

Enactive.

Art. 3. So, if called upon by any Sub-Minister, acting within the logical field of service belonging to his subdepartment.

Expositive. Enactive.

Art. 4. Power, in the above two cases, to appeal to the Legislature: those members of the Sublegislature who concur in the appeal, being personally responsible for any damage which, in consequence thereof, shall, in respect of delay, or otherwise, have been suffered by the public service.

Section IV.

II. Institution-rearing Function.

Enactive. Expositive.

Art. 1. In the exercise of this function each Sublegislature, within its local field of service, subject to the authority of the Legislature, institutes and keeps on foot, Public Works and Establishments, such as it thinks fit, belonging to any of the local fields of service following: that is to say—

1. The Preventive Service Minister.

2. The Indigence Relief Minister.

3. The Education Minister.

4. The Domain Minister.

As to which, see the several chapters, sections, and articles, in which the several functions belonging to these several subdepartments are brought to view.

Expositive.

Art. 2. Comprehended in this function are the several elementary functions, comprehended under the general head of the Administrative functions in Ch. ix. Ministers collectively, and Ch. xi. Ministers severally.

Enactive. Expositive.

Art. 3. All these several functions the Sublegislature exercises, either immediately by its own hands, or unimmediately, by such other hands as it thinks fit: locating them accordingly; as also dislocating them as it deems convenient.*

Section V.

III. Money-supplying Function.

Enactive. Expositive.

Art. 1. In the exercise of this function, each Sublegislature provides funds, by taxes and otherwise, for the several branches of expenditure, of which, as per Section 4, it has the direction.

Instructional.

Art. 2. Among the cares of the Legislature, will be the keeping watch over the operations of the several Sublegislatures in this field, lest obstruction be thereby opposed to the efficiency of those, which have for their object the service of the whole state.

Section VI.

IV. Expenditure-watching Function.

Enactive. Expositive.

Art. 1. In the exercise of this function, the Sublegislature exercises, in relation to the persons, things, and other objects comprised within its fields of service, local and logical, the several functions which, in Ch. xi. Section 13, are attributed to the Finance Minister, to be by him exercised, in relation to the objects of the same denomination, belonging to the general service of the state.

Section VII.

V. Transfer-compelling Function.

Enactive. Expositive.

Art. 1. When, for the use and greater benefit of the whole district, or of any territorial division contained within it, or of any person or aggregate of persons belonging to it, the transfer of an article of property in any shape, is deemed necessary, the proprietor or proprietors at the same time declining to sell at any price, or declining to sell at the price offered,—to the Sublegislature it belongs, in the exercise of this function, to cause a value to be set upon the article, by apt valuers, (sufficient liberty of litiscontestation being, at the same time, allowed to the proprietor,) and upon delivery of the equivalent in a pecuniary or other shape, to cause possession to be delivered into such hands as the nature of the service indicates.

Enactive. Instructional.

Art. 2. In every such case, the constitution expects—not only that the benefit from the transfer be in due proportion, shared between the parties on both sides; but also that the compensation so allowed, be rather over than under that which shall appear to be the exact equivalent, for the loss sustained by reason of the expropriation: and that in such valuation, the value of affection, in a case susceptible of it, be not neglected.

Enactive. Instructional.

Art. 3. For the determining such compensation, the requisite examinations may be made, either by the Sublegislature itself, by a committee of itself, or by a person or persons at large, appointed for the purpose by itself; or by reference to the judicatory of any subdistrict, contained within its own district. Provided that, if it be by any authority other than that of a judicatory, the proceedings shall be carried on with the same sort and degree of publicity as that with which the proceedings of a judicatory are accompanied.

Section VIII.

VI. Information-elicitative Function.

Enactive.

Art. 1. Exceptions excepted, the powers which the Legislature will exercise, for the collection of evidence, and thus on occasion, forming for its proceedings an appropriate ground, each Sublegislature, within its own territory, will exercise.

Enactive. Expositive.

Art. 2. Exception is—that which regards the invitation to an Agent of any foreign power: by the Legislature alone can this power be exercised.

Enactive.

Art. 3. In relation to the form of the aggregate mass of law belonging to its field of service, it exercises, by its own hand, or those of any person or persons employed by it, the functions of the Legislation Minister as delineated in Ch. xi. Section 2.

Enactive. Instructional.

Art. 4. In relation to its proceedings and the grounds of them, it also exercises the several functions statistic, recordative, custoditive, and melioration-suggestive.

Section IX.

VII. Publicity-securing Function.

Expositive.

Art. 1. In the exercise of this function, it gives to its several ordinances, and to the minutes and grounds of its several proceedings, whatsoever degree of publicity they are respectively susceptible of: yet so as that the evil, resulting in the shape of delay, vexation, and expense, from the mode of communication employed, be not such as to outweigh the benefit.

Section X.

Sublegislation-Inquiry Judicatory.

Enactive. Instructional.

Art. 1. When in one and the same arrangement, existing or contemplated, the interests of two or more districts are concerned, the Sublegislature of any one of them may send invitation to that of any other, to join in the formation of a composite Inquiry Judicatory. Bicomposite, tricomposite, or quadri-composite, and so on, will such a Judicatory be, according to the number of the Sublegislatures.

Enactive.

Art. 2. By authority from any Sublegislature, an Inquiry Judicatory may exercise its functions within the territory of any other Sublegislature.

Instructional.

Art. 3. On any such occasion, it will be among the cares of such Judicatory to minimize the interruption or obstruction, if any, given to the proceedings of the Judiciary and other constituted authorities, in the district into which it migrates.

Enactive. Instructional.

Art. 4. Any conflict which, on such occasion, may have place between authority and authority, the Legislature will terminate: to wit, in such manner, as shall be deemed most conducive to the aggregate good of the service: conjunct regard being had to the elicitation of appropriate truth, and the minimization of delay, vexation, and expense.

Section XI.

Term of Service.

Enactive.

Art. 1. For a Member of a Sublegislature, the term of service is, in every particular, the same as for a Member of the Legislature.

Section XII.

Attendance.

Enactive.

Art. 1. In respect of attendance, to the several Sublegislatures apply the several provisions applied in Ch. vi. Section 18, to the Legislature: except in so far as, in consideration of the difference between the quantity of business in the two situations, the Legislature may, in the instance of this or that Sublegislature, think fit to diminish, in any way, the aggregate quantity of obligatory attendance.

Section XIII.

Remuneration.

Enactive. Instructional.

Art. 1. Of a Member of a Sublegislature, the pay is [NA] per day: vacation days included.

Ulterior emolument, if from unwilling hands, is extortion; if from willing ones, corruption.

Section XIV.

Attendance and Remuneration—how connected.

Enactive. Instructional.

Art. 1. In respect of the connexion between attendance and remuneration, to the several Sublegislatures apply the several provisions applied in Ch. vi. Section 20, to the Legislature.

Section XV.

Locable who.

Enactive.

Art. 1. Whosoever is competent to serve as Member of the Legislative body, is competent to serve as Member of any Sublegislative body.

Section XVI.

Located how.

Enactive.

Art. 1. In each subdistrict, immediately after voting for the election of a person to serve as Deputy from the district, in the Legislature, the voters vote for the election of another person to serve as Deputy from the subdistrict, in the Sublegislature of that same district. So many subdistricts, so many members of the Sublegislative body.

Section XVII.

Dislocable how.

Enactive.

Art. 1. To the several members of each Sublegislature, apply the several causes of dislocation, applied in Ch. vi. Section 30, to those of the Legislature.

Enactive.

Art. 2. They are, moreover, dislocable by the Legislature.

Section XVIII.

Securities for appropriate aptitude.

Enactive. Instructional.

Art. 1. To the several Sublegislatures, apply in general, the several securities, applying as per Ch. vi. Section 31, to the Legislature: any which cannot apply, will be indicated by the difference of the two situations.

Section XIX.

Inaugural Declaration.

Enactive. Instructional.

Art. 1. Immediately after the ratification made by the Election Clerk of the person who has been elected a Member of a Sublegislature,—the person so elected will read aloud an Inaugural Declaration similar to that pronounced by a Member of the Legislature, with such alterations as the difference between the two situations requires.

Expositive.

Art. 2. For the tenor of this Inaugural Declaration, and the details relating to the reading of it, see Ch. vii. Legislator’s Inaugural Declaration.

[* ]In so far as, in the exercise of these powers, any of the sublegislatures pursue rules different from those laid down in this Code, for the General Legislature, it will thus, at the instance of its own portion of the community, be making experiments in Legislation, wherefrom useful instruction may naturally be derived; and by the exercise of this faculty, the sentiment of free agency will be felt and nourished. If from improper exercise, serious danger in any shape to the community at large should on any occasion be apprehended, the superordinate power of the Legislature will suffice for the averting it.