JB_084_132.xml

Title: [Codification Offer Feby 3. 1822 Admission]

Description: Codification Offer Feby 3. 1822

Admission Universal

Ulto

Members Unapt.

[lxxxiv. 132]

1822 Feb. 1

Codification Offer

ultisso

?.5. Admission Universal

?.5. Members unapt

But, it may /will/ be said, © there are the Representatives of the people © men chosen by the people for this very purpose: why not trust to them the composition of the Draught in its original state, as well as the consummation and sanctionment of it in its ultimate state

I answer

1. They can not have time for it: amongst them there can not be so much as one man who will have time sufficient for it. The service performed by the composition of the original draught of an all comprehensive as well as throughout rationalized body of law is an extraordinary service, if there be a service to which that epithet is applicable: It is for ordinary service © for the current service of the [...?] that they are appointed: and by no one bt whom any part is borne in the performance these ordinary services can any time be left for any, such extraordinary: more especially as it is /will be seen to be/ a necessary condition to the aptitude of the work that it be from first to last if possible the work of one and the same hand. See ?.7. Hand single.

JB_084_130.xml

Title: [[lxxxiv. 130] 1822 Jany 30 B ulto]

Description: [lxxxiv. 130]

1822 Jany 30 B ulto

Codification Offer

ulto

?.5. Admission Universal

?.5. Members unapt

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.

In a Mixt Monarchy, it is made by degrees by a junction /the joint [...?]/ between the Monarch and the Representatives of the people. Like the human body It contains in it the seeds of its own [...?], and sooner or later that [...?] is virtue and [...?] According to the mutual disposition of these two antagonizing powers /forces/ with relation to one another. As these two powers have a conjunct sinister interest, so has each of them a separate sinister interest. According as the one or the other prevails, they will at each moment of time be in a state of conflict or of amity. At a time of /In case of/ continued conflict the representati of the people, if they have the people on their side will rid themselves of the Monarch. If they continue in a state of [...?] they will go, making [?] on each occasion the sinister sacrifice, till at length the system of oppression and depredation being given institution, the people will rid themselves of both together and on the ruin of the Monarchic Aristocratical tyranny set up a pure democracy

JB_084_126.xml

Title: [[lxxxiv. 126] 1822 Jany 27]

Description: [lxxxiv. 126]

1822 Jany 27

Codification Offer

ulto?

?.5 Admission Universal

Members unapt

Sinister interests

adverse to people

The several modifications of the Monarchical interest, and the several branches of the Aristocratical interest: including Aristocracy of ”power•: and do of ”influence• ruling and influential few. all these are so many particular and sinister interests.

In one /To one common/ sinister point they all concurr /tend/: namely, in the endeavour to suppress throughout the field of politics the liberty of public discussion on political subjects in all its forms: particular that most efficient form the liberty of the press

Necessary to the possession of despotic /arbitrary/ power © necessarily included in the very idea of power is, /Of despotic power the characteristic is/ coextensive ”impunity•: impunity to the whole extent of the power whatsoever it be. Impunity in respect of all those acts /those misdeeds/ which, on the part of persons /a person/ not possessed of the power would be transgressions, offences, crimes.

Impunity to be entire and compleatly effective must be such with reference not only to punishment at the hands of the law /legislative/ and /and thus/ of the executive power,¼(¼a¼) but to punishment at the hands of the tribunal of public opinion¼(¼b¼)

The liberty of public political discussion is inconsistent /incompatible/ /adverse/ with impunity in the case of the persons in question in two /three/ ways: by the indication of misdeeds committed by them /on their part/: and persons acting under /subject to/ their influence 2. by comments on such misdeeds in so far as they are notorious: by general expressions having for their object or tendency, the pointing /directing/ the public displeasure towards such /the/ misdeeds and the misdoers

(a) The political, including the legal and administrative sanction:

(b) The popular or moral sanction.