044_160_001.xml

Title: [Under favour of the supposed utility of the]

Description: Under favour of the supposed utility of the second chamber, considered at a distance in a Monarchico-Aristocracy, a second chamber, the members of which are in for life, and not dislocable by the people, nor in any way whatever dependent upon the people, comes in for a share of the favour, and by the hands of the admirers of the more popular Government, loaded with the second chamber, is recognized as possessing a feature of kin to their own.

Addendum 1824 June 23. to list of Evils Waste of time, to wit by the delivery of two sets of arguments, one in one House, the other in the other: and both sets almost sure to be incomplete: this is insufficiency included with redundancy.

038-003.xml

Title: [[xxxviii. 3] 1822 May 13 Economy]

Description: [xxxviii. 3]

1822 May 13

Economy as to Office /Constitut. Code/ Rudiments

Mode of rendering supreme operative functionaries responsible to do constitutive - giving to constitutive the dislocative power in relation to them

Dislocation is effected

1. by will.

2. by time.

In what situations the functionaries should be dislocable by will?

A. non judicial General Administrative Offices not by time │   │ by will judicially all the above.

Judicial office in this case the functionary should not be dislocable by time. Only

1. Judicially for specific offence proved

2. Administratively, by dislocative power exercised by his [...?].

To the Chief Functionary who presides over all the Departments the integral power of locating and dislocating the Chiefs of these several Departments.

Power of supreme operative body must be limited /reduced/ not by fractionization but by counterforces - viz. Liberty to constituents to possess [...?], to have and practise use of do to meet without or with do ad libitum.

Cause of apprehension of the aptitude of the people Groundless anticipation. [...?] Democracy not so unjust as Tyrants.

They [...?] little evil with judicative

Tyrants much evil without judicative.

Democracy-made evil all registered.

Tyranny made evil unregistered.

Englishmen are kept in a state of subjugation

Securities 1. True

False

They see wealth: they feel power: they perceive [...?]

Means without inducements produce nothing: [...?] any thing [...? ...? ...?] not to produce

Inducements [...? ...?] to produce means: and through means to [...?] /compass/ ends

Opulence and power furnish means

But they lessen inducements

1 Fractionization in the highest grade of power

2. So in the lowest: viz popular meetings - Juries and Quasi-Juries.

Juries and Quasi Juries are Sections or Committees of the supreme constitutive power.

Power on one part is constituted by obedience on the other - the obedience ceasing, so does the power.

3. Not in any intermediate Grade

Quere as to Provincial Sub-legislatures

U.S Rules are on a footing resembling that.

Abbe┌ St Pierres Project of a perpetual peace was Utopian as applied to Monarchies: not so as applied to Representative Democracies.

In Executive Grades fractionalizing would defeat the object: fractionalizing supposes deliberate regular discussion: discussion has in this case nothing to do: for the function consists in obeying orders: by discussion would follow such consumption of time as would defeat the object - as in military business, so in civil, [...?] in an [...?] degree mischievous.

U.S. System /Constitution/ was unavoidably complicated

Constitution for Britibernia admitts of much more simplicity

Do for France, Spain and Portugal still more

For Executive Offices Examination might be performed at Ages below full ages.

Supreme Executive functionarys power of location might be confined to those who had undergone it.

Check by Notoriety may be applied in Offices powerful by extent of power without admitting the checking functionaries to any share in the power.

To prevent corruption by confederacies, fill up Representative /Delegated/ functionaries time as compleatly as possible. Vacancies are no more needful to the professed end in legislation than in medicine.

Location single handed

many hands

Synonyms

Univocal and multivocal

Unilingual and multilingual

Second Chamber

Effect - disturbing transparency

Cause - blind imitation English the least bad constitution known

Supposed securities for intellectual aptitude naturally occurring, but superfluous, useless, mischievous

1. Maturity of ages 21, 25, 40

Necessary in private self-regarding business: not in public when the agent is but one of a multitude

1. The more advanced in age will be sure to be a majority - the more advanced the more known: the more known the more likely to be chosen /elected/ into the body.

2 The more advanced the more power in the body: the more likely to be the more influential in the body

In the first chamber, every thing necessary and possible has been done for identifying delegates with constituents interests. This done, what can a second chamber do but apply obstruction to the business of the first?

If located by the people, useless: if by birth or by the Chief Functionary mischievous.

of The second Chamber - majority may be corruptly influenced by the Chief Functionary.

Subordination its modes

I. Direct

1. In superordinate, exclusive initiative power as to subordinate's acts. Subordination by preventability, by inability to originate.

2. In superordinate negative power upon subordinate's acts when initiated viz by suspension, suspensibility, simple nonconcurrence, by positive suspension

3. In superordinate power of cessation as to subordinates acts when consummated by cessation - cessability

II. Indirect

4. 1. In superordinate power of punishing subordinate in case of disobedience or non compliance in regard to the act, by punition - punibility

5. 2. In superordinate power of remunerating subordinate in case of his obsequiousness in relation to the act by non-remuneration by unremunerability.

II In relation to the same individual person considered as subject to power

6. 1. In superordinate grades power by power of punishing him to a greater amount, by minority /inferiority/ of punitive power.

7. 2. or rewarding him to a greater amount, by minority /inferiority/ of remunerative power.

Subordination applies to

1. Situation - thence to possession and exercise of all powers belonging to it to exercise of all acts performable in virtue of such power

2. Particular acts done in exercise of the aggregate power conferred by the situation

In Aristocrats nothing but what is either frivolous or flagitious

[...?] System - never so call it, but to Royal do.

Vehicle for the Conversational part

1. Didaeus and Tyro? or

2. Mentor and Telemachus with a story for introduction stating the truth of the Pagan dispensation. Mentor teaches Telemachus for the instruction of Greece.

U.S. no fit object of comparison for England.

Per Courrier 17 May 1822 as per Morng Chron for 18th do. Mackintosh sneered at by Courier for making use of that example.

Power minimized

Reduction of power by fractionization must not apply to /as against/ supreme operative power, in favour of Executive whether Judicial or Administrative

These must in all modes of subordination (quere if any exceptions) be subject to supreme operative otherwise they will have respectively a negative upon all its acts: viz by omitting to give effect to them.

For penal Judicative Supreme operative may divide itself into two Sections 1. Accusatorial. 2. Judicial.

Here the counterforce of the Popular Sanction should be made the most of.

To save any two beggars covered with vermin I would destroy any one King covered with diamonds

An overpaid place reposes into a Sinecure

In an overpaid place there is a tendency to decomposition: it decomposes itself into a Sinecure filled by principal and an efficient Office aptly paid or over paid executed by Deputy.

Preface. Q. This part, why out of time and place?

Answer. To prevent useless and needless Offices.

Form Language

Invalidation = nullification

Interest particular - Universal - duty

The line of each functionarys duty coincides with the line marked out by his share in the universal interest

A corruptive institution is every institution in so far as the effect of it is by means of power with which the functionary as such is invested, to enable /cause/ him to promote his personal or other particular interest at the expence of the universal interest thus contributing to the sinister sacrifice. This contribution to the sinister sacrifice every man should be expected to make in so far as by power coupled with impunity he is enabled to make it.

If the Government of the United States had not been established, with what contempt would not the assertion of the probable prosperity and stability of such a government been treated.

In Royalty madness is endemical

Government by Kings is the World turned topsy turvey. Sane governed by insane. See the Childrens book so intituled.

How by power operating by remuneration, men obtain power over those who have power operating by punition: the [...?] of form which is in its nature the less strong prevailing over the form which in its nature is stronger.

This power by remuneration including so much of punitive power as consists in the power of refusing or withdrawing remuneration is that which commonly goes by the name of influence, viz that which by will is exercised on and over will.

It is the interest and consequently the practice of those by whom use is made of the influence to sinister purposes, to keep up this confusion of ideas and thicken it as much as possible.

JB_036_283_001.xml

Title: [1824. Sept m. Constitutional Code]

Description: 1824. Sept m.

Constitutional Code 1. Enactive Part

Preface Ch.I. Territory, Name &c.

Notes to Constitutional Code p.1. towards Constitutional Code.

(a) [Constitutional Code]

Of the whole Pannomion, the first in the order of importance, thence in the order of appearance, is this Code: in the order of importance, because on the end herein declared, as per S.3., and the means here employed in the first instance for the attainment of it will depend the several correspondent sets of means employed in all the several other Codes. Pannomion means in Greek the whole body of the laws.