date

[xxxiv. 101] 1822 Aug. 15.
[xxxiv. 101]

1822 Aug. 15.

Constitut. Code

1. To those whose interest composes the universal interest give or leave as much power as possible

2. To those whose interest is not the universal interest but in its very nature adverse to the universal interest give as little power as possible

3. Keep on foot, in the character of a power prepared when occasion calls, a power superior to their own, the power of those whose interest is the universal interest, in readiness to act upon them in the character of Judges and punish them with dishonor and loss of office in the character of legislators

When these things are accomplished all things are accomplished by which any thing can be done towards keeping the interest of the possessors of supreme operative power in accordance with the universal interest: that is to say if the word duty be worth employing in accordance with their duty
Similar Items
  • Title: [[xxxiv. 96] 1822 Aug. 15 By]
    Description: [xxxiv. 96]

    1822 Aug. 15

    By the division thus made of the power, the will is likewise operated upon - and the junction of interests the reduction /bringing/ of individual /the personal/ interest of the functionary into accordance with the universal interest promoted. In so far as his situation is an object of value in his eyes, and in so far as his continuance in it or his return to it or to a similar one is seen /felt/ by him to be dependent on those /of/ whose interest composes the universal interest /is composed/, in so far is his separate /individual/ interest brought into accordance with the universal interest.

    On the scale of private life, only on one or other of two suppositions is either the power of location or the power of dislocation with reference to a trustee denied to his /the/ principal. The one is - that of mental infirmity on his part: and on that supposition regard for his own happiness requires that both the one and the other power should be refused to him. The other, that of moral untrustworthiness: and on that supposition, whether the power of location has or has not been possessed or exercised by him, regard for the happiness /interest/ of those for whose sake the power of location has been exercised, requires that the power of dislocation - the absolute power at any rate the absolute power should not be exercised by the same hands. Why? because if it were, the application of the power given to the trustee to the purpose in question could not be secured. This is the case where, for the purpose of securing the liquidation of a debt, the property of a debtor is placed in the hands of trustees one or more, till the liquidation shall have been accomplished.
  • Title: [[xxxiv. 98] 1822 Aug. 15 Constitut]
    Description: [xxxiv. 98]

    1822 Aug. 15

    Constitut. Code

    3 Expedient 3d. Confining and keeping confined within the narrowest limits consistent with its sufficiency with relation to the right and proper all-comprehensive ends of government, the mass of supreme operative power possessed, when, as above, separated from and placed in subordination to, the supreme constitutive power. Say - minimizing supreme operative power.

    In what distinguishable shapes such /supreme operative/ power exists or is capable of having existence, will be seen in due place.

    So likewise, in what distinguishable ways it is capable of being confined as above. ?

    Reasons. The less the quantity of power with which a functionary is armed, the more easily will it be for the legislator to deal with him, in such sort as to keep his individual interest in a state of accordance with the universal interest: the less easy will it be for him to find accomplices for any measures adverse to the universal interest; and the more sensibly will he feel the dependence he is on the good opinion and good will of those whose interest composes the universal interest.

    ? See │   │
  • Title: [[xxxiv. 99] 1822 Aug. 15 Constitut]
    Description: [xxxiv. 99]

    1822 Aug. 15

    Constitut. Code.

    4 Expedient the 4th. Establishing /Fortifying/ /Corroborating/ and employing to most

    /the utmost/ advantage every such force as the nature of the case renders it possible to

    employ in the character of a counterforce serving as a check upon the legal power lodged

    in the official hands in question: viz. the power of the popular or say moral sanction:

    the power of the functionaries in question being the power of the political including

    that of the legal sanction: the power of the popular or say the moral sanction, as

    applied by the fictitious tribunal denominated the public opinion tribunal.

    All human sources of power being already brought upon the carpet, the force here

    brought to view in the character of a counterforce to that of the possessors of the

    supreme operative power can not be any thing else than the power of those whose interest

    composes the universal interest: their power considered under a somewhat different point

    of view, and presented /designated/ accordingly under another name.

    In the situation of possessors of the supreme constitutive power with relation to the

    possessors of the supreme operative power, those whose interest composes the universal

    interest were brought to view in the character of legislators in the situation here in

    question the same presons the same functionaries if such they may be stiled are brought

    /presented/ to view in the character of judges. Neither of the one power nor of the

    other, nor of both together though lodged in the same hands is there in this case any

    danger of abuse: in the case of both powers /every power/ making the most of them /it/

    for the advancement of their own interest is in this case the thing /course/ that is

    most desirable.