date

[lxxxiv. 124] 1822 Jany 24
[lxxxiv. 124]

1822 Jany 24

Codification Offer

ult¼o

?.5. Admission Universal

Great has been the evil produced by this weakness: but the evil excluded by it has been still /much/ greater. Much /Constant/ has been the operation of security as against punishable murderers: but a gain of security nowhere else exemplified /in existence/ has been gained as against unpunishable ones.

Of the rabidness with which in the situation in question the appetite for power ought to be /should be/ expected to rage a more instructive example can not be seen /scarcely be conceived/ than that which while the pen is now moving is exhibited in and by the Spanish Cortes. The nation /people/ still suffering /smarting/ under the attacks of the partisans of the head of the government, and still the chosen five out of the Deputies of the people occupied in the endeavour to established a system of penal law such as the Duke of Alva might with confidence of approbation have offered to Philip the second to produce the establishment of: /might have been proud to establish /boasted to Philip the second// all faculty of discussion and interchange of opinion on the subject on which the difference between happiness and misery depends endeavoured to be torn from the people: all faculty of endeavouring to render their condition better /less miserable/ in any respect than that in which it strives to plunge them, endeavoured to be torn from them and /kept/ for ever interdicted to them /out of their reach/: death appointed for the portion /the appointed portion of/ all those by whom any such endeavours for their own security shall be made /used/ in any conversation held /discourse interchanged/ concerning the means: to secure the accomplishment of these designs, words of such unbounded generality employed that by every one of those Judges whose cooperation these same designs can not but be occupied in securing any man may upon the strength of them be put to death for any thing.

The proposed Code or any thing like it /approach to it/ established should the province by which /intrepid Citizens by whom/ admittance to the Kings appointed Governors have been refused give admission to this Penal Code they will submitt /yield their necks/ to an everlasting tyranny after having refused them to a temporary one.
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    5 A Monarch, whose power is subject to limitations, will be in as far as any probability of success presents itself to his eyes continually occupied in the endeavour to shake off these shackles, and render himself absolute: and this with the greater energy if having been originally absolute he has been under the unpleasent predicament of sitting still while these shackles have been forced upon his hands: and /6/ at the same time he will extract for his own use from the purses of his subjects money in the largest quantity that seems obtainable without preponderant difficulty and uneasiness on his part Witness in England the £5│   │ which formed the public expenditure of 1791 contrasted with the £│   │ being the amount of it in 1821. ?

    7. The Representatives of the people will in like manner seek the encrease of their own felicity, in respect /by means/ of the above and all other instruments of it, at the expence of all at whose expence if encreased it must be encreased - at the expence of their constituents and the rest of the people and at the expence of the Monarch, except in so far as they may think they see the necessity of his assistance in /for the/ [...?] of their designs upon /against/ the people /8/ and on that account /for obtaining /securing/ it/ sacrifice to him whatsoever the purpose requires to be sacrificed: the money of the people including their own share in it, and even in a proportion more or less considerable their own peculiar power, if necessary It will be the endeavour of each to keep himself fixt in his seat for as long a term as possible: it will the endeavour of each and of all to render themselves as independent of the people in every respect as possible.

    8. So in regard to money: an article which can not come into the pockets of either sort of functionary without being taken out of the pockets of a more or less unwilling people, every atom so taken producing to those who lose it suffering in /to/ much larger proportion /amount/ than enjoyment on the part of those who gain it.

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    After inserting the Explanation as above go on there.

    In every government, with only the above mentioned exeption the ruling few with the assistance of portion more or less considerable of such of the influential few as are not of the number of the ruling few, are, ever have been, and ever will be continually occupied in the making of the sinister sacrifice.

    With the exception of a headless Aristocracy, the examples of which past and present are too few in number and extent, and at the same time too incapable of encrease to present on the present occasion a demand for any further notice, all /every/ governments that is, has been, or ever will be are either pure Monarchy, a mixt Monarchy or pure Representative Democracy.

    1. In a pure Represenatative Democracy the sinister sacrifice is to any considerable extent, manifestly impracticable: it is therefore never endeavoured to be made

    In a pure Monarchy the sinister sacrifice is already consummated.

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  • Title: [[lxxxiv. 104] 1822 Jayn. 16.]
    Description: [lxxxiv. 104]

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    Codification Offer

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    Applied to audible discourse - to discourse orally uttered /antecedently employed/ these preventive means /measures/ consist in the prevention of meeting, for the purpose of delivering and hearing such discourse

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    By whomsoever appointed every person occupied in the sitting in judgment over any such discourse for the purpose of granting or refusing a licence stands exposed to corruptive influence influence of sinister interest and interest-begotten prejudice in the same manner as a Representative of the people is: and sooner or later, say rather from the first moment will be seen to be corrupted accordingly to be more or less subject /in a state of actual subjection more or less entire/ to such corruptive influence.

    Of such suppression if carried into effect in both its branches, the effect will be to give a compleat licence to misrule in every possible shape. Of every act directed to the purpose of effecting such suppression in either of these branches, the tendency and obvious and incontestable object /design/ and end in view is to establish such licence. Every such act /endeavour/ is an endeavour to destroy whatsoever is good in the Constitution in question: it is an act demonstrative of the endeavour to convert the form of government into an unbridled despotism. In so far as it is successful, every such endeavour demonstrates the inefficiency of the Constitution in question with reference to its declaredly intended object - the greatest happiness of the greatest number: it demonstrates that the functionaries by whom the subject many are governed are their enemies and oppressors to demonstrate accordingly that it is the interest of the greatest number to change, if by any means it be in their power to substitute to the Constitution which admitts of such an abuse the only Constitution which does not admitt of such an abuse.

    Thus it is, that by all the art of man the intentions of those by whom suppression or repression in any degree is endeavoured to be applied to the freedom of appropriate public discussion thus applied can not be represented as being more mischievous than they actually are.