date

1822 May 17 Economy Ch. 5 Search
1822 May 17

Economy

Ch. 5 Search for Money Maximized

1.

III. Security 3. Minimizing money at disposal of highest functionaries.

1. Necessary the office of Chief Executive functionary 2. Desirable its being in a single hand. 3. Necessary in his hands to a great extent power of locating subordinates. 4. And of dislocating them.

2.

Necessary to an indeterminate extent power of remuneration for engaging their acceptance.

3.

For aptly executing functions to which no power is attached, men may be engaged by compulsion, witness privates in military service by land and sea. Not for executing functions to which power is attached: evil consequence would be desertion and negligence: things of persons subject to their power would remain unemployed or ill—employed. For not doing that which it is not known he can do man can not be punished.

4.

Pay therefore can not be altogether withdrawn from office — of offices to a large extent the location can not be in any other hand than that of a chief executive functionary who himself is in a state of subordination to the situation of the body in which as above the greatest happiness of the greatest number requires that the suppressed operative power be lodged.

5.

Preventing chief—functionary from producing in the minds of the legislative functionaries by giving endowed offices to others, the same effect as if those offices were given to themselves is not possible: for I. Of the communication of benefit from the endowed functionary to the legislative functionary, no adequate evidence can the nature of the case afford. II. Laws not enactible. 1. Law punishing A the legislative functionary for B's acceptance of an office. 2. Law invalidating the the location of every man having any connection of

5 contin d.

of interest or sympathy with any legislative functionary. 3. Law, by punishment or invalidation, inhibiting A from being motivated by a kindness done to B. 4. Law, inhibiting A from doing the will of C on account of his having done, or being expected to do a kindness to B.

6.

As a means of preventing a legislative functionary from doing the sinister will of the Chief Executive (giver of good gifts) to propose a law inhibiting d o functionary from receiving such gifts himself is imbecility or hypocrisy & treachery: imbecility if he sees not the inexpediency; treachery if he does — the tendency of such false being to avert the public mind from efficient d o.: to cause men to think the sinister sacrifice is already prevented, as well as intended to be prevented: whereas it is intended to be promoted. Axiom of psychological pathology — Qui facit per alium, facit per se.

7.

Placing this within reach of legislative per se functionary good gifts at the disposal of the Chief Executive, is sowing in the Constitution seeds of corruptive influence: enabling and exciting Executive and Executive to become accomplices in trust—breaking (like placing flesh in ) circumstances, yet this is the work of necessity & unavoidable.

8.

For preventing effective corruption, i.e. joint performance of the sinister sacrifice, sole means minimizing the quantity & value of the matter of corruption in Chief functionaries, with the application of counterforces as below. This the Interest of both that the quantity and value if it be maximized.
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    Description: 1822 May 17

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    These things considered, to propose any such thing as a law prohibiting

    /inhibiting/ a member of the legislative body from accepting /the acceptance of/

    any such endowed office, and this too under any such notion as that of its

    preventing him from doing the will of the Chief functionary /giver of these good

    gifts/ to the detriment of the whole community is either imbecillity or

    hypocrisy and imposture. It is imbecillity if by the proposer of the law in

    question the utter inefficiency of it to its professed end is not observed:

    imposture and hypocrisy if it is observed: imposture because a design /desire/

    is expressed which in fact is not entertained: hypocrisy because the design

    /desire/ if really entertained and pursued and the gratification of it

    endeavoured at would be a publickly beneficial and laudable one. So far from

    contributing to prevent the supreme legislative functionaries from sacrificing

    the universal interest to their own personal and sinister interests in

    partnership with that of the Chief Executive functionary so far from preventing

    or contributing to prevent the sinister sacrifice, the tendency of any such law

    would be to give facility and encrease to it. How? even by producing on the part

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    and carrying on of the sinister partnership was /stands/ prevented, and thereby

    preventing men from looking out for any arrangements which should in any degree

    /reality as well as profession/ be preventive of it.

    Qui facit per alium facit per se. Qui recipit per alium recipit per se. Qui

    recipit patitur. Qui recipit bonum, bene patitur.
  • Title: [1822 May 15 Economy To J.C]
    Description: 1822 May 15

    Economy

    To J.C. Enter this Text with the marginals in p.2. No 4

    Pay therefore can not be altogether withdrawn from Office of Offices to a large

    extent the location can not be in any other hand than that of a Chief Executive

    functionary who himself /whose Office is itself/ in a state of subordination to

    the situation of the body in which as above the greatest happiness of the

    greatest number requires that the supreme operative power be lodged. /located./

    But in contact with the sharers in the supreme Operative power to place a

    functionary with money and money's worth at his disposal, that is to say placing

    within reach of the legislative functionary good gifts at the disposal of the

    Chief Executive functionary, is to sow /plant/ in the Constitution the seeds of

    corruptive influence: which influence unless the most anxious precautions be

    taken will sooner or later, as surely as flesh is made putrid by summer heat

    prevail and render the Chief Executive functionary be he who he may and the

    majority of the possessors of the supreme operative power, accomplices with one

    another in the betraying of their trust

    The seeds of corruption being thus sown by necessity all that remains to be done

    towards /for/ the prevention or obstruction of the sinister sacrifice, is to nip

    in the bud or [...?] the putrid fungus and as far as possible prevent its growth

    preventing its acquiring /any/ such an extent as to work /operate/ the

    destruction of the political edifice.

    It is the interest of the Chief locator in chief that as well the number of the

    Offices at his disposal, as the quantum of emolument in every shape attached to

    each be maximized. But this maximization depends upon the possessors of /sharers

    in/ the supreme legislative power. By the hands /person/ of relatives of one

    sort or other it is not possible to prevent them from receiving at the hands of

    the Chief Executive functionary these masses of emolument. But unless the

    strictest precautions be taken /most efficient preventives be employed/ of which

    further on it is impossible to prevent a compact express or implied /virtual/

    from being entered into between this giver of good gifts, and these creators of

    the same: a compact in virtue of which collectively join in the imposition of

    the necessary burthens, and by his hand, receive individually their shares in

    the correspondent mass of benefit.
  • Title: [1822 May 10 Economy etc Text?]
    Description: 1822 May 10

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    12 May 1822 Quere in what place if any shall use be made of the matter of this

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    6 The greatest happiness of the greatest number requires that the hand or hands

    in which the supreme Executive power is placed be subordinate to the supreme

    legislative body in all modes of subordination: namely 1. by power of cessation:

    2. by power of command on pain of punishment. 3. by power of punishment. 4. by

    power of dislocation but not 5. by non-concurrence.

    Principle of exclusion of Anarchy Anarchy-inhibiting principle

    Q. The supreme legislative power and the /a/ supreme super Executive power why in

    the same hand?

    A. Suppose for simplicity of conception suppose the Supreme Executive power to be

    in the hand of a single functionary. If he were not displaceable by the supreme

    legislative functionary or body of functionaries their power might by him be

    reduced to impotence If he were not punishable by that same legislative body, he

    might before the dislocation could be effected produce mischief indefinitely

    intense, extensive and irremediable. He might for example put to death the

    members of it in any number. If, so far as depended upon their power and the

    orders given in consequence he were dislocated - he might refuse to submitt to

    those same orders.

    7. The greatest happiness of the greatest number requires that the Office of

    Supreme Executive Functionary be in the hand of a single individual. Stile him

    for example President /Supreme Director/ of the Commonwealth. Reasons 1.

    Principle Responsibility securing principle 2 Expence minimizing principle. 3.

    Complication inhibiting principle.