1821. April 27.

First Lines

Constitutional

Under an absolute Monarchy, the Constitutional branch of the law, has for its sole actual end, the greatest happiness of the one individual by whom /in whose hands/, without division, the whole of the supreme operative power is lodged.

For decency sake the end, thus actually and exclusively pursued, is not the end professed and declared to be pursued. For the designation of the end actually pursued, /a mixt/ regard for decency and conciseness as substituted /substitutes/, on each occasion, one or another of a small assortment of phrases: preservation of order, preservation of legitimacy, for example.

Under a limited monarchy, the Constitutional branch of law has, for its actual object a more complex article /objevt/: viz. the greatest happiness of the Monarch, coupled with, and limited by, the greatest happiness of the conjunctly or subordinately ruling few, by whose respective powers the limitations, such as they are, that are applied to the power of the Monarch, are applied.
Similar Items
  • Title: [1821. April 27. First Lines]
    Description: 1821. April 27.

    First Lines

    Constitutional

    Under an absolute Monarchy, the Constitutional branch of the law has for its sole actual end, the greatest happiness of the one individual in whose hands, without division, the whole of the supreme operative power is lodged.

    For decency sake the end, thus actually and exclusively pursued, is not the end professed and declared to be pursued. For the designations of the end actually pursued, a mixt regard for decency and conciseness substitutes, on each occasion, one or another of a small assortment of phrases: preservation of order, preservation of legitimacy, for example.

    Under a limited monarchy, the constitutional branch of law has, for its actual object a more complex object: viz. the greatest happiness of the Monarch, coupled with, and limited by, the greatest happiness of the conjunctly of subordinately ruling few, by whose respective powers the limitations, that are applied to the power of the Monarch, are applied.
  • Title: [[clx. 208] 1821. April 30.]
    Description: [clx. 208]

    1821. April 30.

    First Lines

    Constitutional

    Under a Representative Democracy, the matter of the substantive branch of law will, throughout the whole frame of it, have, for its object or all-comprehensive end - the greatest happiness of the greatest number: in proportion /proportioned/ to the wisdom and felicity of the arrangements by which that end has been pursued and been endeavoured to be attained, the end will accordingly be attained /have been fulfilled/.

    Under this same form of government /Under an absolute Monarchy/ the adjective branch of the law will of course /naturally/ have that same object for its all-comprehensive end. Accordingly so it will in fact in so far as it is the work of the same legislator of which the substantive branch of law is the work.

    In the only example as yet known of a Representative Democracy, viz. the Anglo american United States, the only branch /portion/ even of the substantive branch law which is the work not only is enforced by the authority, but has actually been the work of the supreme operative power in that state or cluster of states is the Constitutional branch. The mass of law with which every other part of the field of legislation is there covered, remains in a state of chaos. Of this chaos, the ground is throughout composed of the corrupt mass imported from the territory of the limited Monarchy from the yoke of which this democracy has, for above these 40 years, been so compleatly liberated: a ground wor composed partly of statute law i.e. real law, partly of imaginary and fictitious law, called common law. Upon this chaos are still suffered to dribble in streams of fictitious law from the same impure source: and upon this medley /into this hodgepodge/ are, from time to time, cast batches of real law - the home-made work of the several particular legislatures.
  • Title: [[xxxvi. 24] 1821. April 25.]
    Description: [xxxvi. 24]

    1821. April 25.

    First Lines

    Constitutional Finance.

    \ZA\ Insert

    Exhibit here or below the rule exhibiting the test of good management

    In a Representative Democracy, the Financial branch of Government all the several

    departments having for their actual end good management as applied to each, the

    financial department has for its actual end frugality as above defined.

    In a pure Monarchy, when that Expenditure which is employed in giving supply to that

    waste by which gratification is afforded or endeavoured to be afforded to the appetites

    of the Monarch, his favourites, and instruments, of which waste the expence of the war

    department constitutes always the most expensive article, this branch has for its actual

    end the same as that which in a representative democracy it has: viz frugality: the same

    end with whatsoever inferiority in respect of uniformity steadiness and success pursued.

    Even in the war department, frugality is, in all the details, an object actually

    pursued: of the dicatates of frugality, the only one purposely violated is that by the

    observance of which by far the greatest part of the whole expence of this de[artment

    would be struck off: viz. that part which has for its object the carrying on a perpetual

    offensive war against the subject many instead of employing /keeping/ eventually -

    necessary their physical force without expence in a state of constant preparation for

    defensive war against foreign nations.

    In