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Updated: June 22, 2025
The people of a free Commonwealth, who have taken such care that their laws should be the result of general consent, cannot be so senseless as to suffer their executory system to be composed of persons on whom they have no dependence, and whom no proofs of the public love and confidence have recommended to those powers, upon the use of which the very being of the State depends.
It has been found impossible for the United States to keep its citizens out of the Territory, and the executory conditions contained in the treaties with these Nations have for the most part become impossible of execution. Nor has it been possible for the Tribal Governments to secure to each individual Indian his full enjoyment in common with Other Indians of the common property of the Nations.
These are the consequences inevitable to our public peace, from the scheme of rendering the executory Government at once odious and feeble; of freeing Administration from the constitutional and salutary control of Parliament, and inventing for it a new control, unknown to the constitution, an interior Cabinet; which brings the whole body of Government into confusion and contempt.
In the case of Fletcher v. Peck this court says: "A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do, or not to do, a particular thing; such was the law under which the conveyance was made by the government.
The machinery of this system is perplexed in its movements, and false in its principle. It is formed on a supposition that the King is something external to his government; and that he may be honoured and aggrandised, even by its debility and disgrace. The plan proceeds expressly on the idea of enfeebling the regular executory power.
A vigilant and jealous eye over executory and judicial magistracy; an anxious care of public money, an openness, approaching towards facility, to public complaint; these seem to be the true characteristics of a House of Commons.
Contracts are executory, when the stipulations remain to be executed, or when one party agrees to sell and deliver, at a future time, for a stipulated price, and the other agrees to accept and pay.
It has been found impossible for the United States to keep its citizens out of the Territory, and the executory conditions contained in the treaties with these Nations have for the most part become impossible of execution. Nor has it been possible for the Tribal Governments to secure to each individual Indian his full enjoyment in common with Other Indians of the common property of the Nations.
He is now sitting on the ruins of the finances and of the monarchy of France. A great deal more might be observed on the strange constitution of the executory part of the new government; but fatigue must give bounds to the discussion of subjects which in themselves have hardly any limits. As little genius and talent am I able to perceive in the plan of judicature formed by the National Assembly.
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