1
results found in
26 ms
Page 1
of 1
1822. Jan y 25.
Constit. Code.
S.5. Admission Universal
Members Unapt
Development
S.5. Admission Universal
Members Unapt
VII 6.30 or 9.|201
A little more, all jails filled, imprisonment will end - juries will not convict. Indubitable the readings, of those who uttered the threat of Abolishing juries, to contribute laws for executing it: so of judges to contribute judgments.
VII .31 or 10.|202
On the other hand, stands chance that to execute such judgment will be found no Sheriff, Sheriff's officer, Hangman - that goods want to be exposed to sale under verdicts of packed juries will find no purchaser, if exposed to sale under judgement without juries.
Certain that in the expectation of those to whom the scourge of torture applied to the back so the injured in Ireland was an object of delight no hand would be to be found to apply it in England. Proof in England it never has been so applied. To those whom the old man's rupture afforded so much laughter, the importation of the just instrument of torture would have afforded serious delight, but for the doubt whether any English hand would apply it.
S.5. Admission Universal
Members Unapt
VII 1.32 or 11.|203
After a revolution while the authors feel exposed to danger of counter d o. they will forego a portion of the sweets of government for the security in which subjects share. To this in all breasts, with sympathy for people as fellow sufferers and fellow actors, ascribe the difference in people's condition before and after the revolution. But are long, sympathy evaporates, procreation by refractoriness substitutes antipathy. Between quondam sole ruler and his new associates, partnership is substituted to hostility.
To the new form, sole source of danger the people: formerly, kept in passive obedience by despondency, now accustomed to resistance. To the old yoke is now substituted a new one by which what is lost in weight and immediate afflictiveness is gained in strength & performance.
VIII 2.33 or 13.|204
More favourable, nothing expectable under constitution whose existence depends on Kinds forging shackles for his own hands: to people's
S.5. Admission Universal
Members Unapt
2.33 or 12 contind.
Deputies no more than a share in making laws - to Kind, placing and displacing those on whose good will depends execution and effect: it being his interest that none should be given to any but such as confirm or encrease his power - depends for its existence on that of a man perpetually threatening those his desires which before the Constitution were never threatened: accomplished of the end depending on a chain of events, all, after the first few links, impossible.
VII 3. 34 or 13. 205.
Spanish proposed code an example of the rabidness wit which in ruling breasts still exposed to danger, the appetite for power may rage.
Code such as the Duke of Alba might glory in death to all who interchange opinions on subjects on which happiness of all depends: who endeavour to meliorate their condition &c.: for describing the offences, words, by which any judge might kill any man for any thing.
Those who refused admission to King's Governors, will, if they submitt to this Code, submitt to everlasting tyranny after excluding temporary d o.
Similar Items
-
Title: [[lxxxiv. 121] 1822 Jany 24]Description: [lxxxiv. 121] 1822 Jany 24 Codification Offer ult¼o ?.5 Admission Universal But a chance there is, nor that an inconsiderable one, that to sentences /a sentence/ pronounced by a Judge without a Jury, no Sheriff no Jailor, no Sheriff's Officer no Hangman will be found that when goods that used to be exposed to sale in execution of verdicts found by packed Juries are exposed to sale under judgments given without Juries no purchasers will be found, that those of the same which now so easily and copiously find their way into the grand reservoir of corruption the current would be stopped That, in the judgment /eyes/ /conception/ /expectation/ of /by/ those to whom the scourge of torture is an instrument of delight /applied to the backs of the injured/, no hand would /shew itself/ in England be found /as being ready/ to apply it is certain: for as yet it has not been among the imports from Ireland into England. To the Assembly to which the old man's rupture /was made to/ afforded a good joke afforded /was the cause of/ so much merriment because ruptured and reward[?] begin with the same letter, the importation of the Irish instrument of torture would have matter of serious delight, and to all appearances would beyond doubt have long ago been effected, but for the doubt whether in an /any/ English hand it could be made to do its offices
-
Title: [1826. Jan y. Constitutional Code]Description: 1826. Jan y. Constitutional Code Ch. IX. Ministers Collectively S.14 Locable who. 1. Of the secret and open mode, which is preferable, depends on voter's situation 1. Mode secret, the voters vote is exempt from all external, influence tutelary, as well as seductive. This situation is favorable to the universal interest, so far as the voter's personal interest is in alliance with it, or not hostile to it. 2. 2. Mode open, the voter's vote is exposed to external influence from all quarters, tutelary, as well as seductive viz. 1. To the intimidative and corruptive influence of rich and powerful individuals. 2. To the tutelary influence of the Public Opinion Tribunal. 3. Cases, in which the secret mode is preferable, are 1. Where voter's personal interest forms part of the universal interest; as in election of Legislators 2. Where, it is not out- weighed by greater damage to interest of other individuals. 4. 11. Cases in which the open is preferable, 1. Where the voter's personal interest is adverse to the universal interest. 2. Where it is adverse to a greater interest on the part of a greater number of individuals. 5. Conclusion as to different situations. 1. In situation of Electors of the members of the Legislature, the secret mode is preferable. 6. Reason. The majority w d. be exposed to the danger of being forced or allured to give their votes to unapt candidates deemed by the voters themselves unapt: and thus sacrifice to that sinister interest the universal interest in which their own is included. Hence in the Election Code, the secret mode alone is employed. 7. 2. In the situation of members of the Legislature In this situation, every voter will be under the influence of two conflicting pwoers. 8. 1. The intimidative and corruptive and thus seductive power of the Prime Minister and Ministers in their character of locators as to desirable officials situation, conferable on or withholden from those with whom the voters all connected by self-regarding or sympathetic interest. 9. 2. The tutelary power of the members of the community at large, in their character of d o. of the Public Opin. Tribunal, & d o. of the Constitutive authority with it's dislocative powers. 10. Hence, one reason for minimizing the seductive power of those functionaries — Measures for this, are 1. Minimizing the value thence the seductive power, of those situations 2. Narrowing the choice of those locators, as much as possible; viz. by exposing them to the punitive power of the members of the Public Opinion Tribunal and of the Constitutive Authority, in the event of their locating persons other than those pointed out as most apt by the suffrages of the official talent Judicatory. 10. Contin d. 3. Rendering the members of the Legislature themselves unlocable in those situations & 4. Making known to all what connections there are between the persons so located, and the Members of the Legislature. Under the uncertainty which form may be most effective, hence the use of employing the double mode of voting in the case of the votes given of the Legislature.
-
Title: [[lxxxiv. 163] 1822 Jany 23]Description: [lxxxiv. 163] 1822 Jany 23 Codification Offer ?.5. Admission Universal Members unapt Not only by the matter, but even by the form of the original draught, the matter and form in a word the whole character of the Code in the state in which it receives the ”fiat• of the legislature is in a great degree determined. If in respect /relation/ either to matter or form the views /conceptions/ of those on whom the application, of the ”fiat• depends are to a certain degree at variance with the original draught, as the discussion proceeds it will ere long become generally perceptible that the only way by /course in/ which accomplishment can be given to these conceptions will be to put aside that draught and call for a new one. To any such new draught the name of an amendment to the old one may indeed be given: and in regard /as applied/ to ”motions•, in English Parliamentary Tactics this is not an altogether infrequent practice. But be the name what it will, the nature of the thing will not be changed by it. A rationale, as above described © a rationale in which, on the occasion of each distinguishable arrangement, the way in which it promises to be conducive to the greatest happiness of the greatest number is brought to view this being by the supposition an indispensable part of the proposed Code in question © let any one for example, take in hand the proposed Penal Code now /at this moment/ on the carpet in the Spanish Cortes and say whether it lies within the compass of human ingenuity to interweave with its several arrangements the correspondent portions of the sort of accompaniment so denominated and described.
1
results found.
Page 1
of 1