JB_038_035_001.xml

Title: [1822 May 17 Economy Ch. 5 Search]

Description: 1822 May 17

Economy

Ch. 5 Search for Money Maximized

1.

III. Security 3. Minimizing money at disposal of highest functionaries.

1. Necessary the office of Chief Executive functionary 2. Desirable its being in a single hand. 3. Necessary in his hands to a great extent power of locating subordinates. 4. And of dislocating them.

2.

Necessary to an indeterminate extent power of remuneration for engaging their acceptance.

3.

For aptly executing functions to which no power is attached, men may be engaged by compulsion, witness privates in military service by land and sea. Not for executing functions to which power is attached: evil consequence would be desertion and negligence: things of persons subject to their power would remain unemployed or ill—employed. For not doing that which it is not known he can do man can not be punished.

4.

Pay therefore can not be altogether withdrawn from office — of offices to a large extent the location can not be in any other hand than that of a chief executive functionary who himself is in a state of subordination to the situation of the body in which as above the greatest happiness of the greatest number requires that the suppressed operative power be lodged.

5.

Preventing chief—functionary from producing in the minds of the legislative functionaries by giving endowed offices to others, the same effect as if those offices were given to themselves is not possible: for I. Of the communication of benefit from the endowed functionary to the legislative functionary, no adequate evidence can the nature of the case afford. II. Laws not enactible. 1. Law punishing A the legislative functionary for B's acceptance of an office. 2. Law invalidating the the location of every man having any connection of

5 contin d.

of interest or sympathy with any legislative functionary. 3. Law, by punishment or invalidation, inhibiting A from being motivated by a kindness done to B. 4. Law, inhibiting A from doing the will of C on account of his having done, or being expected to do a kindness to B.

6.

As a means of preventing a legislative functionary from doing the sinister will of the Chief Executive (giver of good gifts) to propose a law inhibiting d o functionary from receiving such gifts himself is imbecility or hypocrisy & treachery: imbecility if he sees not the inexpediency; treachery if he does — the tendency of such false being to avert the public mind from efficient d o.: to cause men to think the sinister sacrifice is already prevented, as well as intended to be prevented: whereas it is intended to be promoted. Axiom of psychological pathology — Qui facit per alium, facit per se.

7.

Placing this within reach of legislative per se functionary good gifts at the disposal of the Chief Executive, is sowing in the Constitution seeds of corruptive influence: enabling and exciting Executive and Executive to become accomplices in trust—breaking (like placing flesh in ) circumstances, yet this is the work of necessity & unavoidable.

8.

For preventing effective corruption, i.e. joint performance of the sinister sacrifice, sole means minimizing the quantity & value of the matter of corruption in Chief functionaries, with the application of counterforces as below. This the Interest of both that the quantity and value if it be maximized.

JB_097_125_001.xml

Title: [26 May 1804 I 411 Slavery repugnant]

Description: 26 May 1804

I 411

Slavery repugnant to natural law

I 412

English law abhors slavery

I 413

Natural equity that hiring for an unspecified time should be for a year

I 417

Master bringing an action for damage done to his serv t must be assign his own loss

I 417

Qui facit per alium, facit per se

I 421

Spiritual Courts act pro salute animae

I 423

Marriage prohibited between certain persons by God's law

I 423

Disabilities to marriage grounded on natural law

I 428

Indissolubility of marriages built on divine revealed law

I 430

Husband and wife one person

I 431

Abjuration of realm = death

I 431

Husband & wife not to give evidence ag t each other because they are one person

I 435

Natural law for parents to provide for their children

I 436

Children disinherited without a sufficient ground assigned may move to have the will set aside on the ground of their parent's loss of reason.

I 438

Parents protect their children from a natural duty

I 441

Children owe duty to their parent from a principle of natural justice

I 451

All persons infants till 21

I 455

Corporations immortal

I 456

A corporation one person

I 457

King, bishops &c, a sole corporation

I 458

Parsons never die — every parson being the self same individual as his most remote predecessors

I 460

Common law a custom, arising from the agreem t of the whole community

I 462

Que facit per alium, facit per se

I 463

Corporation an invisible body

I 463

— its existence ideal — has no soul

I 469

King inspects all corporations in the Kings Bench

I 472

Dissolution of a corporation its civil death

II 3

Right to property founded on the reveal'd will

II 3

Law of nature confers property in first possessor

II 7

Originally men had a natural right to occupy any lands

II 7

Law of nature allows migration to deserts

II 8

By natural law & natural justice occupancy conveys right to possession

II 9

By universal law property remains in the taker

II 10

Universal law a secondary law of nature

II 13

By law of nature upon death of possessor his property should become common

II 16

Division of property into personal and real

II 18

Land = estates

II 18

By law of nature water common

II 20

Incorporeal hereditaments

II 22

Conveyance of patronage invisible and mental

II 31

A rank modus is felo de se

II 33

Distinction between common appendant & d o appartenant — a right to put animals that do & do not the ground

II 37

Public offices not to be sold the certain consequence being extortion on the purchaser

II 72

Corruption of blood

II 76

Functions dyslogistically epithetized

I 105

All... lands... are... holden... of the King

I 109

Corporation never dies

I 109 The King in judgm t of law never dies I 110 ...incorporeal hereditaments which savour of the realty. I 121

A grant of a manor to be constructed to be a tenure for life

I 125

An estate... after possibility of issue extinct... must be created by the act of God.

I 125

A possibility of issue is always supposed to exist ... tho' the donces be ... on hundred years old. I 150 King can never neglect any thing I 150 The law presumes no wrong in any man

I 174

A perpetuity... the law abhors

175

II 177

Wherever a greater estate and a less coincide & must in one & the same person... the less is immediately uninhabitated; or... is said to be merged; that is, sunk or drowned in the greater II 177 The King and the corporation can never die II 199

[Of an estate] one man may have the possession, another the right of possession & a third the right of property

II 199

Right of possession... & right of property... a double right

II 210

Natural reason that... possessions of parents should go... to their children

II 211 [After] the present possessor ... land by the law of nature would again become common. II 213 According to Bracton states shall never ascend because it is contrary to the laws of gravitation.

JB_092_012.xml

Title: [15 May 1807 + + 19 (11) Letter]

Description: 15 May 1807

+ + 19 (11)

Letter V

I. Plan

But supposing, what is so natural, all these supposed improvements, with their several justificative reasons, to be put by, or turned aside from in a mass - supposing the high personages on whom it depends, no less peremptory in the rejection of all new functions than in the maintenance of a fragment or a shadow, of the old - (for more than a fragment or a shadow is physically impossible) - supposing Custom, as usual, to be taken to breed rules from, instead of Reason, which Lord Bacon, with so little effect, has so long been recommending as the better breeder - another consideration, which I would beg him to submitt, is - that, though the efficacy of the learned Reformer's plan were much greater than I should expect to find it as to the lessening the amount of the draughts made on the time of the House on the score of the Appeals from Scotland, - and though the price paid by our brethren on that side of the Tweed in the shape of delay, vexation and expence endured at home, for their liberation from such part of the same burthen as is expected this to be cleared away in the House of Lords even less than I should expect to find it - still the time consumed by Appeals, from that one of the three kingdoms, is but a part of the time expended by the House upon its appellate judicature: other Appeals, to an amount not spoken of, and probably destined to encrease, having hitherto been kept out of sight by the disguise of another name: and that, upon the whole, were the remedy to operate to the whole of the extent expected or professed to be expected, it would still fall short of covering the disease:- that in a word the distemper is incapable of being reached in its root by any other remedy, than that which consists in applying to the second branch of the supreme judicature that familiar rule, which with so happy a success has already been applied to the first - viz. qui facit per alium, facit per se. I speak here - not of the nominal and fictitious instruments of the King's will - but irremoveable Judges: but of the ephemeral, and thence (whensoever it so pleases him) the actual instruments of his will - his delegates - Lord's Delegates:- in this appellative Your Lordship sees at once not only the name but in some measure the essential character of an efficient tribunal, by which the functions and more than the functions the discharge of which has been found so compleatly impracticable to the House itself may be discharged with ease:- Lords Delegates, an offspring of the House, animated at all times by whatsoever portion of its own spirit, the House may think fit to put into it.