JB_113_032v.xml

Title: [1821 Aug. 23 Codification Offer]

Description: 1821 Aug. 23

Codification Offer

'.9. Draughtsman single

What limitations have place are applied by the hands of a sub-ruling few who

thereby are admitted into a proportionable share of the power of government: the

exercise of which has of course their own greatest happiness for its sole object

If, in what is above as applied to an absolute Monarchy, there be any truth, no

less is there if applied to a limited Monarchy: in an absolute monarchy the sole

actual end of government is the greatest happiness of the ruling one: in a

limited Monarchy the sole end of government is the greatest happiness of the

ruling one in conjunction with that of the sub-ruling few namely those few, by

whom, and consequently for the sake of whose happiness the application of the

limitations has been and continues to be made. Such at any rate is the case in

every limited Monarchy as yet fully established in particular in the English:

which is as much as to say in that Monarchy in which the limitations, intended

for the benefit of the sub-ruling few, have hitherto, in a higher degree than in

any other Monarchy been in their consequences conducive to the greatest

happiness of the greatest number.

Note concluded from another page

Remains, as the only form of government under which the subject many are not, in

the breasts of the ruling few, objects of dissocial affection in any shape - are

not objects either of hatred - nor contempt, but on the contrary of love and

respect, Representative Democracy: in particular that which for these forty

years has stood established in the Anglo-American United States: original number

thirteen: now August 1821 encreased to twenty three. Of this felicity the cause

is - that while the whole of the operative power of the government is in the

hands of a comparatively small number, the whole of the constitutive power with

reference to that same operative power is in the hands of many: those by whom

the several branches of the operative power are exercised being, with or without

intermediate agency, not only appointed, but with certainty and promptitude

removable by those by whom the abovementioned constitutive power is exercised:

for it is of such power of appointment and removal that that same constitutive

power is composed. Thus it is that as, in an absolute Monarchy, on the part of

the rulers that inaptitude which is the opposite of appropriate moral aptitude

is consummate, so in a representative democracy, framed on the principle of

virtually universal suffrage, appropriate moral aptitude itself is consummate.

Under a limited Monarchy, according to the extent of the limitations and the

situation of the hand by which they are applied, the degree of moral inaptitude

may admitt of some depression: but at the very best in so far as in the case of

the rulers competition has place, the happiness of the subject many will still

with certainty and constancy be sacrificed to that of the ruling one in

conjunction with that of the sub-ruling few.

JB_084_013.xml

Title: [[lxxxiv. 13] 1821 Decr. 4 Codification]

Description: [lxxxiv. 13]

1821 Decr. 4

Codification Proposal

penult

?.5. Draughtsman Single

/Appendix?/

The influence of these several causes of inaptitude in diminution of the aggregate of appropriate aptitude on the part of the [...?], /author of the sort of draught in question,/ will be more or less different according to the situation occupied by him with reference to the power [?] of government.: He may invested with power or not: If he be not, his situation is that of a subordinate servile [?], acting under the direction and in subjection to the will of the person or persons on whose ultimate pleasure /ordainment [?]/ the maker of the draught will depend. If he be /his situation be that of one/ invested with power, the event in question being the result of the exercise of sovereign power, his power and thence his situation in respect of power will be different according as the government is that of a Monarchy, or that of a Commonwealth

If it be a Monarchy his situation may be that of the Monarch © the ruling one, or that of a Member of the subordinately ruling few.

If it be a Commonwealth his situation will be that of a Member of the supremely ruling few

If the Commonwealth be a Representative Democracy, the supreme power is /stands/ [...?] divided into two branches: the ”operative• and the ”constitutive•; the constitutive is such with reference to those by whom the supreme operative power is possessed and exercised: it consists in the placing and displacing or replacing those by whom that same supremely operative power is possessed and exercised: if the Commonwealth be a pure Aristocracy, these two branches of supreme power are possessed and exercised by the same hands.

037_011.xml

Title: [1821. April 27. First Lines]

Description: 1821. April 27.

First Lines

Constitutional

In a Representative Democracy, the exercise of this designative power is perfrmed by human judgment: under a Monarchy it is performed by fortune or providence. The cause being the same, and that cause out of the reach of our knowledge, each man may, on each particular occasion, do as he is accustomed to do, employ that one of the two which, on that occasion, is regarded by him as best suited to his purpose. Under the exercise made of this power by fortune, the supremem operative power finds itself, at the death of the last possessor, in the hands of the only child, or, in case of children more than one living at that moment, of the first born of the children of a certain woman: the power of removal is, under the direction of fortune or providence, or by accident, human judgment exercised by death.

In so far as the power of appointment is thus exercised by fortune or providence, no degree of relative inaptitude short of universally manifest and compleat insanity of mind has the effect of preventing the exercise of the operative power from finding itself lodged in the hands thus designated and appointed: no degree of inaptitude short of that produced by insanity, as above, takes the power of removal out of the hands of death

The