[036-142v]

1822 Feb. 18

Codification Offer

'.5.

VI.

2

Each rationale is a grind-stone for the nose of the tyrant /In each Code with its rationale the nose of the tyrant the nose of the corruptionist may be made to feel a grindstone. No public meeting can there be in which it will not be in the power of any man to hold them to it./ Even the greatest happiness principle is that same implement in miniature.

A key, a lamp, a standard measure, a bridle an anchor, a grindstone the rationale is /may be seen/ a talisman that upon occasion assumes all these forms

To /By/ that portion of the aggregate of legislative power which is in the hands of the delegated representatives of the people to that and alone is that bridle in any immediate way applied the demand for which is in the case of every branch of power so indispensable. The /By the proposed/ unlimited assemblage of the proposed original draughts with their respective rationales the bridle will apply to every other functionary by whom any portion is possessed /shared/ in the power of legislation by whom any portion of legislative power is possessed and exercised: by the Monarch for example, of /and/ that one of his Ministers by whom under a Constitution which admitts of such interference any such original draught may come to be produced, and to be submitted to those by whom the /any ulterior/ remaining portion of legislative power is possessed and exercised. On this functionary /In this case/ though on one account the force of the bridle will be less than in the preceding case, on another account it will be greater. The circumstance by which it is diminished is the want of that personal contact which on various occasions is [...?] to have place between the delegated representatives of the people and their Constituents. The circumstance by which it is encreased is the superior degree of responsibility which as will shewn presently has place in the case where the hand by which a law as a measure of government is brought forward is but one compared with the case in which a number of hands greater than one have each of them a part in the business.
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    6. Objection 6. The open mode is ineffectual to its proposed purpose. Be the draughts ever so numerous, the constituted authorities will still do with them as they please. Of each draught, they will make more or less use, or no use at all, as best suits their views: by the supposition no more on this occasion than on any other are they subject to any legal controul.

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    Objection 5. The open mode ineffectual to its proposed purpose. Be the draughts

    ever so numerous, the Constituted authorities will still do with them as they

    please. Of each draught they will make more or less use, or no use at all, as

    best suits their respective purposes: by the supposition, no more on this

    occasion than on any other, are they subject to any legal controul.

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    and, be it or be it not sufficient, the situation of the authorities in question

    puts an exclusion upon every other. In what way, in the instance of every

    rationalized Code, the rational interwoven with it will operate in the character

    of a bridle, has been shown above: (See Sections 2 and 3.): as also upon whom it

    thus operates. In every aptly penned draught, the Constituted authorities, whose

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    be restrained from treating it will neglect: a bridle the power of which will be

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    power would feel a snaffle: and to this snaffle a curb is added by the

    rationale. Take the case of the Representatives of the people. By and by come

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