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[clviii. 348]
1822 May 22
Economy etc
Ch Securities for I Moral Aptitude
.2.I. Identification of Interests
8 or 7. Q. Females - does greatest happiness principle require their exclusion.
A. Not more than males. Yes, if females are not members of the community: their happiness not a portion of universal do.: their interest not a do. of do.: or if in them intellectual inaptitude is so great as to incapacitate them from self direction to self advantage.
9. or 8. From experience, as attested by history, no reason why they should be deemed inferior? Take operative power in its highest grade and quantity: regal function.
Intellectual aptitude.
1. Elizabeth higher than Henry 8 or James 1.
2. Ann not lower than George 1 and 2.
3. Under Ann, England more prosperous than under William 3d.
4. If Mary killed heretics, so did Henry 8. and James 1.
5. If Mary killed Heretics, Hale, Chief Justice and Lawyers hero, killed Witches.
10. or 9. Consideranda. As to intellectual aptitude applied to the whole field of thought and action
1. how little decided is the inferiority of females.
2. how great their inferiority in respect of the means of acquiring do. aptitude under laws made by males.
11. or 10. Unapt for supreme operative power they might be, yet not for constitutive: apt for supreme operative power and not for constitutive they can not be.
12. or 11. From their right to equality as to happiness, if admitted, will follow their right to equality as to power considered as an instrument of happiness, so far as the nature of the species and sex permitts.
To constitute equality in their favour, for every necessary inferiority, they should have a compensation.
In domestic concerns, inferiority of physical force renders them inferior in power.
So as to exercise of military function.
So, under the military government of males, they are not likely to be placed in civil offices.
13. or 12. Hence, from Executive power in almost all its branches, they will stand excluded.
Also, from share in supreme legislative power by contemplation of confusion and corruption from mixture of sexes. Hence, greater the demand for equal share in constitutive power with reference to supreme operative.
14. or 13. Q. Custom - is it not sufficient warrant for exclusion here?
A. No more than in the case of tyranny.
Time in which the custom originated, do. of barbarian immaturity
In war, the origin of government
During war, necessity placed Government in single chief.
During peace, war continually in prospect, habit and providence.
For war, females rendered less apt by weakness.
15. or 14. Origin of democratico-representative │ │ of single-seated despotism. Money for war defensive or offensive, more promptly and certainly extractible from willing than unwilling contributors. For money, they received a share first of influence, and by degrees of power.
The management of the family property by them alone could the fatigue and danger of Journeys to and from the chief seat of power be endured.
16. or 15. In an assembly mostly of males, no mixture of females without confusion and ridicule.
17. or 16. Q. From admitting Females, any practical good at any time?
A. Yes: rendering legislative arrangements less unequally burthensome to females.
18. or 17. Q. Would you now propose admitting females into supreme constitutive power?
A. No. Till legislative system had received the maximum of improvement on almost all other points, no good, only evil from do. in this. Result of the proposal, excitation and discussion such as to suspend all other business indefinitely.
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Title: [1822 May 13 Economy etc Q.]Description: 1822 May 13 Economy etc Q. Does the greatest happiness principle require that the female sex should be excluded from a participation in this function? A. /A. Not any more than males./ Yes: if /No: unless/ persons of the female sex are not members of the community if their happiness forms no portion of the universal happiness - their interest of the universal interest: or the state of their minds such as to demonstate them to be irremediably incapable of taking /incapacitated from giving/ the direction to their own conduct without detriment to their own interest As to intellectual aptitude, no reason can be assigned /has ever been assigned/ why in respect of that branch of appropriate aptitude this half of the species ought to be deemed inferior to the other. Of experience - of experience /of experience as far as it goes/ as applied to the highest situation in the scale of power operative power the decision is rather /more/ in favour rather of the female sex than of the male. In no two male reigns was England as prosperous as in the two female reigns of Elizabeth and Ann. As to Ann whatever was the cause it was more prosperous than that of her immediate male predecessor, a man as unamiable as she was amiable. In intellectual aptitude Elizabeth of England shewed herself in an incontestable degree superior to her immediate successor and even to the nearest of her male and adult predecessors. If Ann was weak she was not more so than her two immediate successors both males. If Mary put men to death for what was called religion so did her father, and so did her next male successor: if Queen Mary put men to death for what was called religion, so did Chief Justice Hale, the saint and hero of English lawyers, for what was called Witchcraft. As to intellectual aptitude considered as applied to the field of thought and action at large two points require to be considered, in the first place among writers for example in how small a degree the superiority is on the side of the male sex. in the next place how small the number of those of the female sex whom laws and institutions have left unexcluded from the competition in comparison of those whom they have excluded. They might be unapt for exercise of supreme operative power or a share in it, and yet not be so for exercise of constitutive power in relation to supreme operative power. But they can not be unapt for exercise of supreme constitutive power i.e. constitutive power with relation to supreme operative power, and at the same time apt with relation to supreme operative power.
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Title: [[clviii. 351] 1822 May 15 Economy]Description: [clviii. 351] 1822 May 15 Economy etc Ch Securities for I Moral Aptitude .2.I. Identification of interests 2. or 1. Identification of personal with universal interest how effected in the highest grades. 1. Constitutive power as to supreme operative in all members, asigned causes of exclusion excepted: its Fractionization thus maximized 2. Fractionizing supreme operative power - the fraction not exercising it, but in conjunction: viz in an assembly. 3. Rendering supreme operative functionaries responsible to do. constitutive. 3 or 2. Q. Are there any members of the community whom on any account the greatest happiness principle pronounces unapt for participation in the constitutive power with relation to the supreme operative do. A. Yes: all presumably not adequately possessed of appropriate aptitude 4. or 3. Q. Who are they. As to moral aptitude none. No moral inaptitude being greater than what is constituted by disposition to sacrifice the interest of all others to self-interest: and where equal power towards accomplishment of this wish is given to all, nothing better can be done for universal interest. 5. or 4. Q. As to intellectual aptitude any? A. Yes: namely 1. All disqualified as to appropriate judgmt. by immaturity of age. 2. - or as to appropriate scientific aptitude, by inability to read and give assent or dissent by writing: provided there be persons thus apt in sufficient number to constitute an interest not disagreeing with the universal do. 6. or 5. Q. Age, what at which relative immaturity should cease? A. that at which it should cease with relation to general self government. 7. or 6. Q. What is that? A. Arbitrary division here unavoidable - custom may therefore determine 1. Per Rome bred law 25. years. 2. Per English bred, 21. English term of immaturity full long - Reason silent or hesitating - Custom a useful arbiter. From departure from custom, disappointment: from disappointment, pain.
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Title: [[xxxiv. 9] 1822 April 26 Constitut]Description: [xxxiv. 9] 1822 April 26 Constitut Code Economy etc Art. 1. The supreme operative power is in the hands the Delegates (a) of the People. (a) Why not Representatives Art. 2. The supreme constitutive power with relation to the supreme operative power is in the hands of the Citizens /Electors/ of the State electing their Delegates in │ │ Election or Delegation Districts Art. 3. The supreme operative power is composed of the supreme legislative power, and the supreme Executive power. The supreme Executive power is composed of the supreme Administrative power, and the supreme Judicial power. Art. 4. The supreme Administrative power is subordinate to the supreme Legislative power: subordinate namely 1. by dislocability 2. by punibility as applied to persons - by 1. suspensibility, 2. cessability as applied to official acts. Art. 5. The supreme Judicial power is subordinate to the supreme Legislative power: namely in the same modes as the supreme Administrative Art. 6 The Supreme Operative power is composed of two branches: the Legislative and the Executive Art. 7 The supreme legislative power in cases of a general complection is in the hands of the Delegates of the People delegated one from each of ( ) Election or Delegation Districts. Art. 8 So also in cases of an individual complection Art. 9 The possessor of the supreme Executive power under the Legislative is the Chief of the State. His Title is President of the State or of the United States /Union/ as the case may be Art. 10 Next In subordination to the President come the Heads of the several departments following 1. Minister of Finance 2. Internal /Home/ affairs Minister for [...?] Service 3. Army Minister: under him Commander /General/ in Chief 4. Navy Minister: under him Admiral in chief 5. War Art. 11 The Executive power is composed of two branches - the Administrative and the Judicial Supreme Executive or /his title/ Supreme Director His power causing execution and effect to be given to all acts of Supreme Operative or say Legislative Placed /Located/ by people, voting as for Members of the supreme Operative Dislocable by Supreme Operative: they giving reasons Thence subordinate to do so in all other /the/ modes of subordination Time of continuance in office - 4 Years Quere? Salary such as not to render the comforts of the opulent an object of concupiscence. Finance Minister located and dislocable by the Supreme Director The subjects on which the legislative power mostly exercises itself are aggregates namely, things or persons or both, collectively considered and as well such as are not as such as are. But its authority is alike applicable to things and persons individually considered Taken in the aggregate The function of the supreme executive power consists principally in applying to individual things and persons the general provisions made by the supreme legislative power: that is to say in such sort as to give to its acts the intention and effect intended by them. Art. 1. By the supreme constitutive power is meant the power of locating those by whom the supreme operative power shall be exercised. Art. 2. The supreme Constitutive power is in the hands of all persons inhabitants of any part of the territory /Citizens/ of the State, and able to read the Constitutional Code Females and non-adult males excepted and persons in a state of open hostility to the State excepted. For the evidence /proof/ of such ability See Art. ( ) A Citizen is 1 every person born within the territory of the State. 2. Every person whose name has for │ │ months or more been resident within the territory of the State. For the proof of such residence see Art. ( )
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