date

1822 June 26 Economy The modes of
1822 June 26 Economy

The modes of limitation being thus distinguished, apply them to the several

branches of power in a State

1. First as to the Supreme Constitutive branch

If to the power belonging /appertaining/ to the supreme Constitutive

functionaries such is its simplicity any limitation /restriction/ in any way can

be applied by limitation applied to the field of their power, it can only be

through the medium of a correspondent limitation /restriction/ applied to the

functionaries possessed of the supreme operative branch: To the power /of their

representatives/ which the possessors of supreme operative power their

representatives shall be competent to exercise there shall be such and such

limitations /restrictions/ shall be understood as applying. In this indirect

mode alone is any limitation capable of being applied in the field of power

appertaining to the class of supremely constitutive functionaries.

Note on this occasion that when in any state endeavours are /language /industry/

is/ employed in the endeavour to trace all power to its first source, a sort of

cloud hangs over the operation at the spot in which that source is looked for.

Constituents may apply limits /restrictions/ to the power with which they

entrust representatives: principals may set limits /apply restrictions/ to the

power with which they entrust their trustees. But who is it that does /are they

that do/ or can take upon them to apply limits to the power of Constituents? Of

Constituents themselves where [...?] shall we find /who can be/ the

Constituents?

The plain truth of the case is - that when, in the drawing of a Constitutional

Code persons of a certain description are declared and professed to be possessed

of the supreme Constitutive power, whereupon they acy accordingly, the

possessors of the supreme operative power for the time being are the persons by

whom they are invested with such their constitutive power /it/: by this positive

act it is that with relation to this matter the initiative function is

exercised; and as to the corresponding consummative power it is exercised by

them in active way /by the functionaries/ on whom the constituent power has so

been conferred - exercised by them in an active way, and in a passive way by all

the other members of the community in question, namely by their

acquiescence.
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    Description: 1822 May 25

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    .2. Efficient causes of or Employable Securities for appropriate Official

    Aptitude in its several branches, enumerated and explained.

    I Moral Aptitude - Securities for its existence /it./

    1. Identification of individual with universal interest in the situation of

    possessors of the supreme Constitutive power.

    2/1/. Minimizing power in the situations of the possessors of the supreme

    Operative power.

    3/2/. Minimizing money in the situations /hands/ /disposal/ of the possessors of

    the supreme Operative power and their subordinates

    4/3/. Minimizing the quantity of money /factitious remuneration and moneys worth/

    applied in remuneration of the services of public functionaries possessors of

    the supreme operative power and their subordinates.

    /4. Exclusion or abolition of factitious dignity/

    5. Maximizing legal responsibility - i.e. eventual subjection to legal punishment

    in the situations of possessors of the supreme Operative power and their

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    6. Maximizing moral responsibility - i.e. subjection to reproach at the hands of

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    Sanction is applied as a counterforce to the legal power of the state
  • Title: [1822 June 16 Economy etc The]
    Description: 1822 June 16

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    The case in which alone it has place is that in which by delegates of theirs in quality of /the character of their/ representatives having in the right as representatives of the people a share in the supreme operative power they in this way exercise with relation to that mass of supreme operative power, the correspondent constitutive power. These possessors of supreme operative power may be either sole possessors of it or sharers in it in conjunction with some other functionary or functionaries. In the case of an ordinary mixt Monarchy supposing that in so far as in the mixture Democracy is included one person /a functionary/ with whom they share it is the Monarch

    In no form of government ? to this bad purpose any more than to any good one can profit in any shape be conveyed for a continuance into individual hands otherwise than through the intervention of an /a Supreme/ Executive, doing or professing to do the will of the Supreme Legislators. When in the highest sphere of government, for the purpose of the sinister sacrifice, the game of corruption is carried on, it is by the hands of the Chief of the Executive Department. In a Monarchy he is the Monarch /Chief of the State to whom this subordinate Office also belongs in addition to whatsoever share it happens to him to possess in the supreme operative, commonly stiled the legislative./ in a representative democracy he is also the Chief of the State by whatsoever appellative distinguished whether it be /such as/ President, Supreme Director, Protector or any other

    In either of these cases there exists a functionary, by who to this purpose without his being recognized, not the less effectually is exercised a function which may be termed that of Corrupter General. For in him /his hands, as will be seen/ from the very necessity of the case is /must be/ the disposal of a multitude of offices: in a greater or less degree these offices can not but be in the eyes of the members of the community be in an indefinite multitude, objects of general desire. Here then we have a functionary acting /operating/ whether he will or no in the character of Corrupter General: and on the other part persons in indefinite number functionaries of all sorts included occupying the situation of persons exposed to corruption, exposed to the being his corruptees.

    ? Note making a salvo in the case of a minute /small/ Democracy.
  • Title: [1822 May 25 Economy etc In]
    Description: 1822 May 25

    Economy etc

    In regard to the possessors of the supreme operative power, the general

    description of their power must be that their power extends to every thing is

    all-comprehensive - that in virtue of it they are at liberty and empowered /have

    been empowered on all occasions/ to do as they please at all times and places

    whatever they please in relation to all persons and all things appertaining to

    the community in question. But on the other hand to confine the exercise of this

    power within the limits corresponding to the universal end, an adequate counter

    power or counterforce must be established: this is the power reserved or given

    to the creators of their power the possessors of the supreme constitutive power

    to be the annihilators of it whenever they please. This being settled

    /established/, so long as in the eyes of those creators that pursuit in which

    these same creators (being human creators), are sure to be engaged - namely the

    pursuit of their own particular happiness, is carried on no otherwise than

    through the medium of the universal happiness and the share they have in it - no

    otherwise in a word than by the pursuit of the universal happiness in

    consideration of the share they /[...?]/ have in it, so far will the possessors

    of the supreme constitutive, governed as they are each of them by his regard for

    his own interest, suffer the possessors of the supreme operative power to

    continue to exist in such their situations and to go on in such their courses.

    But no sooner is it understood or believed that in the pursuit of their /each

    one of his/ own happiness these possessors of the supreme operative power

    concurr in a course of action detrimental to the aggregate happiness of these

    same possessors of the supreme constitutive power than by their act to the

    existence of such their rebellious creatures and unfaithful agents a period will

    be put. Of the general nature of the counter power or limitative power proper to

    be applied to the general power conferred on the possessors of the supreme

    operative power this is the least correct description that can be given in so

    /this/ small a number of words. Bur for rendering the description accurate

    certain modifications will be necessary /require/ to be added - modifications

    the expression of which will come in due course

    In the construction of this part of the machine, the first mentioned power

    performs the office of the main spring in a watch; the other that of the

    regulator in a watch. Without the regulator the main spring would do too much:

    without the main spring the regulator would do nothing viz one with one another

    and antagonizing with one another, in so far as they are aptly proportioned to

    each other they will do that which is required.