8 aug 1804

Procedure

''.6.5. Exception in Justification[?]

[Adequate in this way to every purpose of mischief by the punishment of innocent acts it has not been less scanty in respect of the arrangements necessary to the security and prosperity to the community in which it acts.] Potent to do evil, it is not the less impotent to do good. Could the pretensions advanced by speeches such as the above be consistently pursued, legislative power would be swallowed up by judicial - judicial power would include legislative, and the office of legislator might become a sine cure But /When the mode /whoever observes with sufficient attention the course/ of action necessary pursued by judicial power when it steps aside from its own proper track to engage in the track of legislation /out of its one track into that of legislation/ will see but too clearly that this excess in theory will ever be accompanied by sufficiency in practice.
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    Description: 9 Aug 1804

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    E 6a +6b

    Thus wretched is the tool, thus impotent to every useful purpose thus potent to every mischievous one - which lawyers in all countries /places/ and in all ages /times/, have been so well content to work with. Content? and why? because it is the tool /instrument/ of their own making - the tool of which they have the monopoly, the tool by which alone without opposition or disturbance they are enabled to work to their own ends.

    Boundless accordingly and shameless are the dogmas with which on all possible occasions in and out of season, they are never tired with [...?] it /of heaping on it/: as if haunted on every occasion by the consciousness of its worthlessness - apprehensive of the voice of just complaint - and seeing no reason but that /means of defence against it but in the hope/ of drowning it in the din /roar/ of exaggerated /animated/ /thunderous/ applause.

    For this purpose no misrepresentation is ever spared by a class of men in whose language the art /practice/ of misrepresentation stiles itself a duty, and to whom the practice of it is a daily exercise.
  • Title: [6 Aug 1804 Procedure ''.6-5]
    Description: 6 Aug 1804

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    ''.6-5: Excesses in

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    The practice of the exploded Court of Star Chamber had /was composed/ as will be seen of an aggregate many features, but the punishing /marching[?] conducting punishment/ in the [...?] /track/ chalked out by this discourse will be seen to be the only one that was /being/ at once /the same time/ of mischievous tendency, was at the same time regarded at that time as being peculiar to it, no waiting for known form the only legitimate species of law, statutory law: no waiting even for decisions on parallel /similar/ cases pronounced /stated as parallel/ in the way of jurisprudential law. A power of covering with acts of legislation the prodigious and as yet boundless field of penal law assumed: assumed with no other authority and at no other expence than that of these six words: words meaning every thing and thence nothing.

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  • Title: [27 May 1819 Disfranchisements proposed]
    Description: 27 May 1819

    Disfranchisements proposed

    Disfranchising

    §.6.5. Evil. 5. Producing misplaced confidence

    1

    §.6.5. Evil. 5. Producing misplaced confidence

    or 1.

    §.6.5. Evil. 5. Producing groundless confidence: imputing reformism to

    anti-reformists.

    or 2.

    Object ascribed to this measure by its supporters raising reputation of Parliament.

    or 3.

    Reformist. How? by causing to be attributed to it what design?

    or 4.

    Anti reformist: Design to see 1. the state of the Representation receive a beneficial

    change 2. to take measures accordingly.

    or 5.

    Reformist. Shown in Plan Cat, except under pressure as in Ireland A o. 1780, no such wish possible to Monarch, Lords or Commons. This not | | by

    any one. No body acts contrary to its manifest particular

    interest

    or 6.

    Anti Reformist

    Theory this –

    or 7.

    Reformist: True: and so is the opposite to it

    §.6.5. Evil. 5. Producing misplaced confidence.

    or 8.

    Reformist. Though theoretical my pretensions not the less incontrovertible: viz:

    1. The measure is unfavourable to universal interest

    2. favorable to particular d o.

    By the measure in question are afforded

    1. Practical proof of my theory:

    2. Disproof of your.

    or 9.

    Wish and endeavour here of ruling few to propagate the opinion that

    1. Ruling fews interest coincides compleatly with d o. of subject

    many.

    2 or[?] in the interest of any

    will be sacrificed to it.

    or 10.

    Acting as they have they can not have had any design to make any change in the

    representation beneficial to the Universal interest: or to any person that by the

    change in question universal interest cou d be served

    §.6.5. Evil 5. Producing misplaced confidence.

    or 11.

    Shewn above by this charge universal interest would be – not only not served but

    disserved.

    Whether by any supporters of it the opinion of its being serviceable to universal

    interests reader judge.

    or 12.

    Remains to shew that from this change no design of any change beneficial to universal

    interest can justly be inferred.

    or 13.

    All confidence placed in hands interested and able to abuse it is sure to be abused,

    the more of such confidence the more evil. To support reputation is to encrease

    confidence.

    or 14.

    Their design is by this to support reputation. But the higher their reputation the

    greater the evil, as above –

    or 15.

    Anti Reformist – In all points think you there is this oppositeness of interests?

    or 16.

    Reformist: Not in all: but in so many, that oppositeness is the general rule,

    coincidence the exception.