date

4 July 1811 14 V. ad Juperbriam Fallacies
4 July 1811 14 V. ad Juperbriam

Fallacies 9 or 6 Ch.

As to the impossibility of the supposed results, and thence the absurdity of the enterprize, the considerations by which it is rendered it should seem sufficiently evident are as follows.

The impossibility of perpetuity in the physical /strict sense/ is not worth insisting on - He /of him/ who on behalf of any proposed law would be more desirous of persuading himself that it will be, and /as well as/ others that it ought to be perpetual, the expectations at least howsoever it may be with his wishes will scarcely extend themselves to the extreme end of time. So long as the community continues a community and the sovereignty a sovereignty acting as such over that same community beyond the extent of time marked out by these expression he will hardly insist upon carrying his view.
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    10 V ad Juperbriam

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    ' 5 Duration of laws - possible erroneous arrangements in relation to it.

    In respect of duration, in all these cases there is one and the same sort of arrangement presents itself as being, so far as it is in the nature of the case practicable, the only one that is conformable not only to the dictates of general utility as presented by reason and experience as well as /but also/ to the most generally /extensively/ prevalent usage, to little less than uninterrupted usage.

    This arrangement is that which has place where the duration of the law in question is understood to be perpetual, /continue in force so long and so far only/ except in so far as by the sovereignty in question no abrogation of it or alteration in it by place

    Defeasible perpetuity is the name by which in two words or in one word this most ordinary and natural mode of duration may be characterised. [...?] the sort of arrangement presented by the principle of defeasible perpetuity.

    In each of the four first of these six cases this arrangement is in the nature of the case a practicable one: in each of those cases the perpetuity is in the nature of the case defeasible.

    In the fifth and sixth alone, it is not in the nature of the case practicable: in neither of those cases is the perpetuity in the nature of the case defeasible

    In the /The/ case of an incorporative Union between two sovereignties /sovereignties is that of a contract, in virtue of which/ the two contracting parties, thew two original sovereignties are both of them extinct and gine.[?] Unless in so far as in and by the act of incorporation special provision is made for the purpose there exist no person, no party, by whom any such operation as that of dissolving the union and replacing /restoring/ the two Guardian[?] /re-instating/ sovereignties in /into/ their original state is capable of being performed. There exists no person /not person or persons/ other than the aggregate body of the whole community expected, by whom any such restitutive can be so much as called for /demanded/ and claimed. /demanded./
  • Title: [4 July 1811 11 Fallacies V ad Juperbriam]
    Description: 4 July 1811 11

    Fallacies V ad Juperbriam

    Attempt at perpetuate[?] a discourse[?] government - subject to on all those occasions. Incorporation the most favourable

    But though in this case /the effect of its comprehension[?]/ the law by which the two sovereignties are melted down into one is not itself defeasible, such is the nature of the law incorporative uniting law - of the law by which the two sovereignties are melted down into one - being consumed, a new one is formed /made to arise/ out of their ashes of it, that the effect of it is perpetual - and that not defensibly but indefensibly perpetual, yet the new sovereignty which is thus formed being in its nature /in the respect in question/ nothing different, from any ordinary sovereignty in which no such operation had been performed, the principle of defeasible perpetuity is the principle in which its subsequent times will naturally be established which in the establishment of its several successive laws will be /be/ conformed to, as naturally as the case of either of the two incorporated sovereignties at all times [...?] to the act of incorporation as it was in the time and in the case of either of the united /component/ sovereignties

    But while in respect of duration the principle of defeasible perpetuity is on all these occasions the most fit and the most likely to be pursued, yet in all these cases a sort of straining to convert this defeasible into an indefeasible perpetuity is a sort of disease /disorder/ to which in all countries the body politic is subject: - and to the growth /birth/ of it the occasion of an incorporative union is as these will presently be occasion to observe in a peculiar degree favourable.
  • Title: [3 July 1811 7 V. ad Juperbriam Fallacies]
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    Fallacies Ch. 1. Posterity-Chainers

    3 3

    2. Occasion Parties

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    1. In all six cases we have /stand/ the Members of the whole community who whether on the occasion in question any expression of will on their part has or has not place are in all those /these/ cases the parties in some way or other principally concerned in point of interest.

    1. It is in the last case alone that any such expression of will actually has place.

    2. In all cases but the last, we have as /in the character of/ a party already existing /in existence/ a sovereignty simple or composite

    3. In the second case presents to view a composite sovereignty by the different Members of which an engagement of some sort or other is entered into.

    3. The first and second cases present no to view /establish/ in the character of a third party the particular person or class of persons in whose favour (always by the sovereignty at the expence of the people in the character of subjects) the priveleges in question are enated[?]

    5. The 4\T thT\ case puts in the place of the outer sovereignty addressing the expression of its will directly /in express terms/ to the people in the character of subjects, different branches of the sovereignty entering into in express terms an engagement amongst themselves, but by necessary implication addressing themselves tacitly to the people, for the purpose of inducing them to acquiesce in the new arrangement, and to modify their obedience /in/ according

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