date

1819 Dec r 4 Bentham’s Radical &c
1819 Dec r 4

Bentham’s Radical &c

Note (a)

Prelim

II. Necessity

(a) (really existing constitution) But for the American United States Englishmen would not know /have known/ what a really existing Constitution is: nor therefore would they have understood clearly that they themselves have no such thing, and that therefore all those boasts which out[?] themselves in the cry of Glorious Constitution! Matchless Constitution! and so forth are either self-delusion or impostors.
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    Description: 1819 Dec r 4

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    6 - 2 those which oppose obstructions to the operations of the ruling few in their endeavours to wrest from the people the small number of sources[?] of security still remaining in their possession.
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    Description: 1819 Dec. 4

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    But to substitute to the existing Monarchy or rather Monarchico-Aristocracy a mixture of Monarchy and Aristocracy with an almost expiring spark of Democracy a pure Democracy is what there would be little probability of effecting at any price Most certainly not at any less price than that of a Civil war: than that of an insurrection which of course unless and until it became successful would be termed a rebellion, and all who took part in it traitors.

    There remains therefore as the only sort of arrangement /state of thing/ which either prudence or benevolence could recommend the endeavour to bring about that which may be termed Democratic ascendancy.

    This Democratic ascendancy is the state of things that would have place if that branch of the legislative which for argument sake is sometimes spoken of as composed of Members chosen by the people i.e. the great mass of the population - were composed of Members, really so chosen: in a word if that state of things which by those who speak of it as having place is known not to have place, were really to have place.
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    English how far good how far bad

    1. In the British empire /Government/ there is not any such thing as a Constitution: a really existing Constitution: (a) consequently it is not strictly speaking true to say either that it has a good constitution or a bad one.

    2 The Constitution which it is said to have is no other than an imaginary Constitution: a Constitution imagined by each disputant, from the contemplation of such Statutes and masses of imaginary law called Common Law as relate to the powers /functions/ and of the different classes of persons occupied in the exercise of the powers of government.

    3. In every such imaginary Constitution from the best down to the worst there many[?] good points, and there are some bad points. The good points are those which are favourable to the universal interest: the bad points are those which are favourable to the several particular and therefore sinister interests.

    4. The bad points are accordingly all those which give power either 1. to the Monarch; or 2. to the House of Lords: or 3 to those Members /that part/ of the House of Commons which are seated either by the Monarch, or by individuals among the Lords or by any other individuals whose power is not derived from the free choice of a proportionable part /portion/ of the people.

    5. The good points are those in virtue of which seats in the House of Commons are filled by Members freely chosen by a proportionable part of the people.