036_172.xml

Title: [[xxxvi. 172] 1822 July 24 Constitut]

Description: [xxxvi. 172]

1822 July 24

Constitut. Code Rationale

Supreme Operative?

Supreme Constitutive

in people

Enmity between high and

low is not reciprocal

The worst that could happen to the ruling and influential few from power if vested in the hands of the many that is to say /say rather/ of all themselves the ruling few included - is to see themselves, brought down to the level of /an equality/ the many in all things wealth excepted: in respect of power, to the having no more than an equal chance for power in respect of factitious honor to be without it /divested/, the many being at the same time unpossessed of it

While the triumvirate of the wealthy the powerful and the factitiously dignified reigns injustice to the prejudice of the greatest number reigns in every part of the field of government: injustice to /for/ the benefit of the /these/ few at the expence and to the burthening of the many. Suppose that portion of the aggregate mass of power which they are capable of holding - suppose the Constitutive power - in the hands of the many /greatest number/, what in respect of justice and injustice would be the consequence? Not the reverse of the present state of things: not injustice to the benefit of the many at the expence of the few, but justice to all alike

Take England for example. By the factitous expence imposed /purposed/ on justice /judicial proceedings/ nine tenths of the population to say the least are excluded from the benefit of justice as well in the character /situation/ of defendants as in that of plaintiffs. a line is thus drawn between the wealthy and the non-wealthy: wealthy all those who are capable of demanding the assistance of the judicial office; or resisting the demand when made at their charge by others: the non-wealthy all those who are incapable all those whose situation is below the line of separation are /lie/ at the mercy of all those whose situation is above it. Now suppose this factitious burthen compleatly removed, what would be the consequence? that the wealthy would be at the mercy of the non-wealthy? No: only that they /these few/ would cease to see the many lying absolutely at their mercy: and that both /in so much that the two/ parties would have to contend upon terms less unequal than at present. I say less unequal - for as to absolute equality this is what the very nature of the case absolutely forbids. For it is upon evidence that the fate of every cause depends, and evidence is not in every case to be had altogether without expence: and to the necessary amount of this expence, even when all factitious expence is struck off, no determinate limits can be assigned.

036_060.xml

Title: [[xxxvi. 47] 1821 May 15 Constitut]

Description: [xxxvi. 47]

1821 May 15

Constitut. Code

First Lines

Ch Delusion

Instruments [...?...?...?...?...?...?]

\PS\ Instruments of misrule - their comparative mischievousness.

1. Force is on this occasion out of the question.

2. Intimidation, on this occasion the question is, between intimidation, or say force and intimidation on the one hand and corruption and delusion on the other.

1. Evils produced by force and intimidation are -

1. Pain of actual sufferance, in so far as they are actually applied. This is confined to the actual sufferers and their immediate connections.

2. Pain of apprehension: viz. of like sufferance from like causes. This pervades the whole community, applying to every individual member of it.

A 3. A sense of coercion: viz compulsory and restrictive: A more particularly restrictive. This operates in a more particular manner in repression of productive labour and thence in diminution of the matter of abundance and means of subsistence: the sense of insecurity being general, the sense of insecurity in respect of property and thence in respect of the fruits of labour is involved in it.

In the case of corruption where corruption is the only instrument employed no one of all these evils has place.

So likewise in the case of delusion, where delusion is the only instrument, or corruption and delusion are the only instruments, none of all these evils has place

A Note stating the state of the Turkish and Spanish Government as compared with that of England in the misgovernment of which corruption and delusion have the greatest share.

[xxxvi. 48]

1821 May 15

First Lines

Constitutional Instruments

2. Evils of corruption.

By corruption considered in itself, no one of the evils which as above have been seen produced by force and intimidation are produced. But as compared with force and intimidation, corruption has the same object and effect, viz. sacrifice of the greatest interest of the greatest number, to the interests real or imagined of the ruling one with or without the interest of the sub-ruling few.

Moreover of the sub-instruments of corruption viz money, power and factitious dignity, money the most surely and extensively influential is not obtained but by means of force and intimidaton: thus far then in the evils of coruption, the evils of force and intimidation are involved.

If the influence of force and intimidation is more irresistible, and, for the present, the most effective, the influence of corruption is more permanent: and the exclusion of it the more hopeless.

By force and intimidaion, resentment is excited; and, in deisr and endeavour, retribution called forth: by corruption, no such hostile passion, no such hostile endeavour or desire are produced.

By corruption - by corruptive influence on the one part, and corrupt obsequiousness on the other part - the irritation produced by force and intimidation is allayed.

Corruption, though a deadly poison, is a slow one: a poison by the progress of which no particular alarm at any particular period is produced: no alarm at any period in any degree approaching in magnitude to that of the real danger or the real mischief.

By every atom added to that of the existing mass of the matter of corruption, the effective force of the whole is of course encreased: by every addition made to it, the faclity of making further additions to it is thereby encreased: the less sensible are the subject many at whose expense the matter extracted, not only to the mischief produced by it, as above, but also to the evils produced by the force and intimidation by which it is produced: and while on the part of the sufferers themselves - while on the part of those by whom the suffering is experienced the sensibility to it is diminished, no wonder if on the part of those by whom the suffering is inflicted, the reluctance, whatsoever, if any, may at any time have existed, is diminished likewise.

Note, making exemplifications from the English Government.

[xxxvi. 49]

1821. May 15.

First Lines

Constitutional Instruments.

2. Delusion. In so far as corruption is barren of the evils which, as above, have been seen produced by force and intimidation, in so far as applied to the evil purpose in question, so, with the exception of that delusion which has religion for its sub-instrument as above /below/, is delusion.

Delusion operates partly by means of the matter of corruption as its sub-instrument, partly by other means. In so far as, for the purpose of delusion, no other means than those employed for the purpose of corruption are employed, in so far to the purpose of delusion no addition is made to the amount of the evils thereby as above produced: on the contrary, in so far as in addition to the quantity employed for the purpose of corruption any quantity of money is extracted for the special purpose of delusion, over and above whatever would have been extracted for the purpose of corruption, here then is so much evil to be set down to the account of delusion alone.

[xxxvi. 50]

1821. May 14.

First Lines.

Constitutional Instruments.

Delusion

John Bull is Gulliver under Liliputian chains insensibly applied.

One great misfortune attendant on the use made of corruption and delusion is, the extreme facility with which the fabrication of these instruments of misrule is attended. Force and intimidation are not applied without special and strenuous exertions on the part of possessors of power, specially directed to the production of obsequiousness - the desired effect. Corruption and delusion are produced by him not only without any strenuous exertions, but without so much as any expence in the article of thought: are produced by him just as well when asleep as when awake.

To exercise corruptive influence to any amount - to produce corrupt obsequiousness to any amount - it is not necessary that either endeavour, or so much as desire so to do, should have place in his mind. All that is necessary, is - the desire and the endeavour which, in his situation, is of course followed by accomplishment - the endeavour to produce and of course the production of waste. In a word, all that is necessary to him is, on every occasion that presents itself, to yield to the appetite for money in his own breast, or in the breasts of any individual or individuals connected with him in the way of interestor sympathy: for the purpose of their individual gratification, the money is put into their pockets: thereupon, by the eventual expectation of the like benefit from the like source, corruptive obsequiousness is produced in the breast and conduct of ten, twenty, or perhaps fifty times as many breasts as those in which the gratification attached to the receipt and expenditure of the money was produced.

[xxxvi. 51]

1821 May 1.

Constitut. Code

First Lines

Instruments incorporeal

2 Instruments

Notes to p.1.

(a) [Force.] Understand physical force, as where an officer of justice seizes the body of a person accused and conducts him to prison, or seizes the goods of a defendant and conducts them to a place where they are to be sold, to raise money to be applied in satisfaction for the debt due to the plaintiff.

(b) [Intimidation] By intimidation understand the production of apprehension of eventual evil as about to be applied by some functionary or functionaries of the Government in question in the name of punishment to the individual in question in the event of his performing any act of the sort in question: it being the intention of the Government in question and thereby to prevent him from so doing

(c) [Remuneration] Understand By remuneration understand

(d) [Well applied] Understand in such manner as to be conducive to the greatest happiness of the greatest numbers

(e) [Ill applied] Understand in such manner as to be detrimental to the greatest happiness of the greatest number: whether subservient or not to the interest real or supposed of the ruler or rulers by whom or by whose orders it is applied

[xxxvi. 52]

1821 July 5 1822 Aug. 10.

First Lines

Constitut Cod.

Constitutional

/[...?] Good [...?]

Incorporeal instruments

2. Delusion/

\ZA\Employ this in the Chapter of [...?] on Examinations.

Delusion is either introductive /positive/, or say insertive, or exclusive.

1. Introductive /Positive/, by introduction of false and mischievous lights.

2. Exclusive, by exclusion put upon true and useful lights.

Exclusion is either direct or indirect.

1. Direct, for instance viz by prohibition enforced by punishment, as in case of libel law.

2. Indirect: viz by invitation enforced by reward, applied to produce the introduction of such lights as are either say positively mischievous or useless and thence in a sort of negative way mischievous by drawing of, that attention and those exertions which otherwise would have been employed in the acquisition & introduction of useful lights.

Of introductive delusion an example is afforded by the encouragement given to despotism - supporting newspapers, reviews and other periodicals.

Of the indirectly exclusive delusion an example is afforded by the pains taken in both the Church of England Universities, to apply the whole time and labour of all young men of distinguished talents to the study of the most useless parts that can be found in mathematics & the greek language. This is done by attaching rewards in the shape of rich fellowships and scholarships, to what is thus held out in the character of merit: of which merit such as it is the Degrees are established by what is really the most effectual method or rather the only effectual method, viz. public examinations. In fact in Cambridge such is the effect of this device that of the whole number of three or four thousand students, all those possessed of the strongest talents are made to bestow the whole of their disposable time to the acquisition of these useful points of learning, if learning it is to be called: and such is the energy thus produced, that by it, many a healthy constitution has notoriously be injured not to say destroyed by it.

This is one of the means by which the whole [...?] of that seminary for Public men, has most effectually been abstracted from the study of government and religion through any other books than those which are put into their hands for the delusive purpose.

[xxxvi. 53]

1821 April 3

Constitut Code s

Adend.

No existing form is perhaps compleatly and [...?] unmixt It may be considered as unmixt when the [...?] is not great enough to prevent the production of the distinguishable effects.

\PS\. Constitutional Law

Considered with reference to the allotment made of the powers of government, all forms are either pure /unmixt/ or mixt Of unmixt forms of government three sorts are commonly held in view distinguished from the number of the persons to whom those powers are allotted

A /An unmixt/ democracy is that form of government in which the whole aggregate composed of all the members of the community are considered as partaking /partakers/ in the powers of government.

An unmixt Aristocracy is the form of government in which an aggregate composed of /no more than/ a portion only of the members of the community, are considered as partaking in the power of government.

An unmixt Monarchy is the form of government in which one member of the community possesses of himself /has at his own comand/ all the powers of government.

Note

The adjunct commonly employed on this occasion is pure. It has two inconveniences. One is - that to the idea of thing /object/ which it is employed to designate it adds the idea of approbation as bestowed upon that object by the speaker: the other is that it does not so clearly bring to view as does the word unmixt the relation between the hing in question, and its oposite from which the thing in question is to be distinguished.

[xxxvi. 54]

1821 April 3

First Lines

Supreme Operative

Of the Constitution in creation

I The United States American nation have a constitutiion.

Thay have a Constitutional Code: the Constitution is the system of arrangement delivered in their Code.

It has for its object the greatest happiness of the greatest numbers

In pursuit of that object the powers of government are distributed /alloted/ by the greatest number

II The Spanish nation has a Constitution

It has a Constitutional Code: the Constitution is the system of arrangement delivered in this Code

III The French nation has a Constitution It has a Charter granted by the Monarch. The Constitution is the system of arrangement delivered in that [...?] /[...?]/.

IV. The English nation has a Constitution. It has no Constitutional Code.

[xxxvi. 55]

1821 April 3

First Lines

Ch. Codification Law

/Supreme Operative.

Reform/

\ZA\ This comes after Constitutional Law

\PS\. Of Reform.

Reform, considered as compleat in the [...?] of a form /system/ of government which has for its end /object/ in view the happiness of a portion [...?] /no more than a portion/ of its members of the community with a form /system/ of government which has for its end in view the greatest happiness of the greatest number

Reform, considered as [...?] or incompleat, is every sort of [...?] what have for their end /object/ in view any [...?] made would [...?...?] as above.

[xxxvi. 56]

1821. April 9.

Constitut Code

First Lines

Constitutional Law

/Supreme Operative/

They obtain land for munificence: munificence is depradation

\PS\ To every Monarch, the people are an object of hatred and contempt.

In the view taken of the field of legislation by the scribe of the absolute Monarch, it swarms in every part with rebels. To afford security to him against the enterprises of adversaries in this shape is the most anxious of his cares. He is encompassed with enemies on all sides and at all times: the very form of his Government - the objects and designs so undisguisably evidenced by it suffices to convert into adversaries to him all men who are not so to their fellow countrymen and themselves. Of their hatred, he assures himself: of the justness of it, as well as of the impossibility of keeping it from coming into existence, he is fully conscious. The utmost he can hope for is to guard himself against that part of its effects which is most formidable to him. In this view, he scruples not to appoint punishment for the manifestation of it: punishment for all those who, seeing what he is, make known to others what they see\; punishing all who, on any occasion on which their sentiments are other than favourable to him make known those sentiments. If there be any sure methods of creating hatred, this is one of them: but seeing love hopeless, seeing every affection better than hatred inconsistent with every rational view of the case, he is content thus to draw upon himself hatred, for the additional chance which he thus thinks to give himself of escaping from the effects of it.

Thus in the case of the absolute Monarch. And in this respect the case of the limited Monarch is not materially different.

Turn now to the case of representative democracy. In the Representative Democracy, there are no rebels. In the penal code of the representative Democracy there is Government: there may therefore be resistance to Government. In the representative Democracy there are rulers: there may, therefore, be resistance to rulers. Under one Government as well as under another, resistance to rule must be punished or there is no rule. But it is punished as such and only as such, and not as rebellion. Suppose even a conspiracy to overturn the Government, and substitute to it an absolute Monarchy: for under every such democracy the supposition may be made, though under the only established democracy as yet exemplified the fact is morally impossible.

[xxxvi. 57]

1821. April 9.

Constitut. Code

First Lines

Constitutional Law.

/Supreme Operative/

Suppose then a conspiracy thus to destroy the Government. The Conspirators are enemies, but they are not rebels. The State they have placed themselves in with relation to the rulers and the rest of the community is a state of war. Being enemies, the care of self-defence renders it necessary they should be treated as such. They must be opposed, and, if possible, by any means, disabled from carrying /giving effect to/ their mischievous endeavours. But, as in the case of external enemies, so in the case of these internal ones, such means of self-defence as are least mischievous to both parties taken together, are the only means suitable or justifiable.

As to hatred - hatred fixed on one fixed object, here there is no such thing.

[xxxvi. 58]

1821 June 19

Constitut Code

England

First Lines

Supreme Operative

[...?] Reform [...?] yield

of [...?] Monarchy [...?...?]

[...?] for [...?] - Security

against [...?]

Duplication negative.

Note the check to Geo. 1. and 2. by the Pretender's party

In defence of the system of misrule as at present carried on, a plea in bar against Reform, and a plea that seems to be most generally employed and relied on, is - that the system at present pursued and acted upon /that has lace now/, is the same as that by which all the good effects that have ever been experienced, have been produced: the same on which all the praises that have ever been bestowed upon it by foreign nations as well as its own have been bestowed.

If things themselves are to be considered, and not mere words - the tings themselves and not merely the words employed in speaking of them /they are called by/, nothing can be further from the truth. The assertion, if it be any thing to the purpose, amounts to this: viz. that to the power exercised by the ruling one in conjunction with the sub-ruling few over the subject many, there exists at present checks and securities against abuse either the same as or not less effectual than, any which ever had place at any former point of time.

This will be found compleatly false and groundless whether the power of aggression on the part of the one and the few be considered or the power of self-defence on the part of the many. On the part of the rulers, the power of aggression may be distinguished into /is either/ the power of violence and the power of corruption: On the part of the people /subject many/, the power of self-defence to be distinguished into that which they exercise by their Representatives, meaning always their actual deputies and delegates freely chosen by them, and that which they exercise by themselves.

First, as to the power of aggression by violence. It consists in, and in its amount is proportioned to, the standing force of a military nature, under the absolute command of the ruling one. Of this force there are two branches: the land force and the sea force. For the period of comparison take, in the first place, the year 1753 being the fifth year of the death of George the second. /peace -/ the fifth year after the war that ceased /terminated/ in the peace of 1748.

1. Army.

[xxxvi. 59]

1821. July 3.

Constitut Code

England

First Lines

Constitutional

1. Army in 1753, 20,000. Army in 1821, 100,000.

2. Navy in 1753, 15,000. Navy in 1821, 60,000

So far as aggressive power is concerned, to say that it is no greater now than it was in 1753 is to say that one hundred thousand is no more than twenty thousand: or that sixty thousand is no more than fifteen thousand.

JB_172_016.xml

Title: [1820 July 25 Emancipation Spanish]

Description: 1820 July 25

Emancipation Spanish

Summary

Corruptive influence

The torrent of rapacity and corruption being thus continually rolling

on and like an avalanche ever encreasing as it rolls, every form of government but

one is doomed sooner or later to destruction /self-destruction/: that form of

government is a representative democracy: formed on the combined principles of

secrecy (whence alone genuineness) virtual universality, virtual /practical/ equality

and virtual annuality of suffrage.

True it is - that In /Under/ a representative Democracy, as under

every other human government the same predominance of self-regarding over social

interest has place. In the breast of every public functionary the same endeavour has

accordingly /has/ place or rather if it saw any prospect of success would have place

- the same endeavour to make sacrifice of the universal interest, to any extent, to

personal interest in every imaginable shape. But under a representative democracy

constituted as above no such prospect of success ever does present itself to any eye

or eyes capable of taking any chance for realizing it. For, whereas, under every

other government, there are situations in which one and the same man or set of men

can by his own hands or those of others conbining plundering, oppressing and

corrupting as occasion calls without end, under a representative government as above,

there never is any such person: every member of the corporation of the ruling few

being not only removable but appointed, immediately or intermediately, by the subject

many