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[lxxxiv. 11]
1821 Nov. 28
Codification Proposal
10
?.5. Draughtsman Single
/Appendix/
That their /the/ influence exercised by those in the event of each suit may be as great as possible, it is their interest that by inbred habit the mind of the people /public mind/ should be moulded into such a state of stupidity, as to allow of their giving [...?] a sufficient reason /ground/ for any decision they choose to pronounce, and thence for any disposition they choose to make of mens lives and fortunes, some /this or that/ [...?], made by them at pleasure, which at the same time they not only know, but at the same time acknowledge themselves to know to be false or pretence according to which /which being allowed/ there is no act of oppression or depredation so atrocious but that it may be committed by them with impunity, [..?...?...?...?...?] as the suffering be atrocious [...?] framed /adapted/ and [...?] for the purpose In a certain country to such a pitch has the stupidity of the [...?] been swelled and consequently to such a pitch have the [...?] of this class of their [...?] and discourses been [...?] swelled that the law on /in/ every branch of the field penal, civil and constitutional has its foundation in such lies lies of the worst kind: in such sort that the people have all along been governed by those who any [?] them [?] would [...?] been extensively the most atrocious /mischievous/ criminals if where power exists criminality could have place Notwithstanding the power [?] of fraud the public mind in that country has in the course of improvment arrived /attained/ such a state that for some time past no very remarkable new lies of the sort have been coined that the greater the difficulty is with regard to the coining of new ones, the more fondly are the old ones cherished, and the more devoutly worshiped. In no other country upon earth but that one has the use of lying as an instrument of irresistible and unpunishable injustice been carried to a length approaching that at which it is in practice in that one. But in every country in which [...?...?...?] has place there is more or less of it: and in every such country it is the interest of the lawyer class and consequently the practice of the lawyer class to make the most of it.
and removeability [?]
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Title: [[mainly in copyist’s hand] 1819 Nov]Description: [mainly in copyist’s hand] 1819 Nov 9 + + Benthams §.1. Seats & districts 3 By this means, while on the one hand subjects of importance, being thus shoved off to the close of the Session, fail of receiving a degree of discussion adequate to their importance; on the other hand others there commonly are, which, by the operation of the samecause stand compleatly excluded. In England, even supposing the present plan adopted, it might be a considerable time before the inconvenience here in question had swelled to any sensible pitch: the higher, that is to say the most opulent classes, are those, by whom, even under the system of secresy and universality of suffrage the House could not fail of being principally filled; and among them, until the stimulus thus applied had had time to give birth to a better race, the station of the mind in the scale of appropriate aptitude would, in comparison of what it is in America, have to remain at a proportionably low ebb: the seats, in so far as they are filled by the class of persons called Country Gentlemen being in so large a proportion filled by a set of empty headed and scornful idlers, who, coming out with nothing but their votes, add no more to the length of the debates, than at the opera, they do to the length of the acts. But, under the proposed plan, the number of those, who, under such a system of Election, would feel themselvesqualified to open their mouths, would, of course, even from the first be in some proportion more considerable than at present: nor would many years elapse, before the quantity of appropriate aptitude, with the relative inconvenience thus shewn to be attached to this advantage, would have risen to a pitch, equal to any that it has ever reached as yet in the United States. For the matter of fact here in question – I mean the effect of superabundance of speakers in producing delay of measures – I am indebted to an official person of the first distinction in the American Union, who, upon receiving from me some information of the present plan, was kindly eager to furnish me with the information, observing that the fact was of a sort to which a man could scarcely be expected to be led by general reasoning.
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Title: [[lxxxiv. 52] 1821 Decr 3. Codification]Description: [lxxxiv. 52] 1821 Decr 3. Codification Proposal penult ?.5. Draughtsman Single Lawyer's interest begotten prejudices The evil produced by interest©begotten prejudice would not have place in any quantity but for the interest by which it has been engendered. But having been engendered, the evil produced by it in respect of the number of persons affected /operated [?] upon [...?]/ is still more extensive than the evil produced in an immediate way by its parents The only persons whose conduct is influenced, by the sinister interest of lawyers is those that belong to the class of lawyers. But to the class of persons on whose minds the sinister interest of the lawyer class operates, there are no such determinate limits: all persons who read in law books written by the lawyers of the class /[...?]/ in question: all persons who read these books, all persons who come within the reach of their conversation: to all these [?] persons whether it be in writing or in conversation every lawyer continues certifying without ceasing, that the system of law which is law is the very acme and qualification of excellence. Not improbably He by whom this is certified is persuaded of its being true, and if he were ever so strongly persuaded of its being false, he would not the less strenuously but the more strenuously, contend that it is /for its being/ true. Thus it is that by the interest©begotten prejudice of the Lawyer is engendered the /that/ authority©begotten prejudice which in the breast of every man whose /who by/ education and habit and disposition is led to take part in political affairs, can not but operate with a degree of effect more or less considerable.
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