JB_129_265.xml

Title: [1820 Feb. 20 Necessity of Radicalism]

Description: 1820 Feb. 20

Necessity of Radicalism proved from the Radical Principles of Constitutional Law

Heads proposed

1

Topics 20 Feb. 1820

{ §.1. Governors interest every where opposite to governed’s d o –

self regard g interest predominate: one requires maximum of

inequality the other of equality

§.2. This applied to the several repeated instruments of falsity, not dependent upon

common self. 1 in the case of Monarchy: 2 In the case of Aristocracy. 3 In the case

of Democracy

§.3. Opposite to the assumption made by all advocates of all governments but

democratical – by writers in general – The notion a vulgar error – the dissemination

of it a fallacy

1 Causes of the error and correspondent fallacy

§.5.2 Consequences in regard to 1. Political Institutions

promoting misconduct in all public functionaries: by sinister application of the 3

Sanctions

§.6. – 2 – National intellectual strength and moral purity.

§.7. Practical result.

1. In new communities representative democracy

2. In Britain, democratic ascendancy

§.8. Course to be taken for counteracting the effect of the vulgar error and

correspondent fallacy}

{§.4. Origin of the vulgar error and correspondent fallacy}

{Title proposed 20 Feb. 1820

Necessity of Radicalism proved from the radical principles on the field of

Constitutional law, as deduced from experience.

Ch.1.* Equality – its subservience to general felicit[?]

§.1. + Sole justifiable end of government – greatest happiness of

the greatest number

§.2. Maximum of equality the tendency measu}

§.1. Sole justifiable all-comprehensive end of government – greatest happiness of

greatest number

§.2. Distinguishable particular ends, subsistence abundance equality, security –

their relation to each other. See Dum.[?] Princip.

§.3. Subsistence and security obtained, equality the leading means of happiness –

happiness so far as depends on things exterior to man, is in proportion to it

§.3. Means of {happiness} /{felicity}/ exterior to a mans self, d o interior: - exterior, the d o instrument of felicity.

§.4. Instruments of felicity

1. Common to governors and governed: 1 matter of wealth (i.e. of subsistence and

abundance) and 2. natural power

§.5. Instruments of felicity created and reserved to themselves by government 1

factitious dignity. 2 privileged vengeance. 3 factitious ease.

§.6. Maximum Equality in respect of wealth in so far as consistent with security and

abundance – its subserviency to general felicity.

§.7. Equality in respect of power, its subserviency to general felicity abstraction

made of the effects on government

§.8. Equality in respect of the powers by which government is constituted – its

subserviency /necessity/ to good government. (Reasons follow.) Sole good form of

government representative Democracy.

§.9. Cause of the bad side[?] of every other form of government. Necessity of

predominance of self-regarding interest over social in every human breast: consequent

propensity in governors to engross as much as possible the whole mass of the exterior

instruments of felicity, at the expence of the governed.

§.10. Consequence – under every form of government, sacrifice of the interest of the

governed to their own carried by the governors to the highest pitch possible.

Effect of the corresponding propensity since[?] on the severally[?] part[?] of

govern. what?

§.11/ 2/. Use made by them if to this purpose of the several

sanctions or sources of inducement by which human conduct is influenced and

determined: viz. 1 the physical. 2. the retributive. 3. the political including the

legal. 4. the popular or moral: 5. the sympathetic. 6. the super-human or religious.}

§. 13 Opposite Assumption made {to the opposite of fact} by all

governors, and their supporters in every government but a democracy. – its absurdity

and extravagance vulgar error contained in it. – fallacy employed in the

dissemination of it.

1820 Feb. 20

Necessity of Radicalism proved from the Radical Principles of

Constitutional Law –

Heads proposed

2

§. 14 Causes of the rise and predominance of this error – craft

on the one part intellectual weakness on the other

§. 15 Consequences of this error – means by which it produces

misconduct on the part of governor, infelicity on the part of the governed.

§. 16 In all contests between governors and governed, the

greatest pox[?] only blames his […?] on the part of the governors.

§. 17 Application made of the error in the case of the English

Constitution – ways in which it produces misconduct in necessary official situations

– depradation – oppression – waste.

§.17* Continuation – Ways in which it gives birth to needless useless and pernicious

situations – religious establishments

§. 18 Blindness /Insincerity/ and mental weakness produced by it

in all minds of the Representative democracy and democratic ascendancy – democracy

the sole eligible government in a new-formed state – democratic ascendancy preferable

in the United Kingdom – why

§ 20 Objections to representative democracy and democratic ascendancy, their futility

– confutation given to them by experience. See Radicalism not dangerous.

§.21 Course to be taken for eradicating the radical /vulgar/ error the prevalence of

which is thus incompatible with good government.

Inserenda 24 Feb. 1820

§ In a mixt Monarchy, corruption is effectual, inseparable and all-pervading.

§.18* or 13*. Groundless and ridiculous laudation and adulation produced by it (Every

thing most religious – Portraits in the Liturgy like Portraits and Plans and Views in

old Chronicles

§.17* English Constitution By what accidents the good there is in it was produced.

King and Barons found more[?] money could be got from people by cajolement than

force.

King and Barons mutually called on the people.

When nothing could be done without people’s representatives – they found it

necessary to let in Lords – they and Lords to let in People’s representatives for a

share of the plunder.

§. Of Distant Dependencies sure effect preponderate evil in the governing and

governed states. Yet by accident the only good form of government was the result of

Colonization

§.9*. or[?] Every man[?] has its price no more than are imperfect rudiments of the

essential[?] […?]

§. For the same reason that English mixt Monarchy is good as compared with pure

Monarchy it is bad as compared with Repres. ve Democracy

Inseparable from such mixture is the growing worse and worse.

§. Among the power rulers a universal error or pretence is that {for} the[?]

political power[?] men are exempted from moral obligation: that by such hands

whatever is done is right.. On this need[?] /ground/ the language of England can not

be outstretched /outstripped/ by the language of Spain.

§.21. If each Monarch & Aristocrat is in the right in maintaining[?] the

inequity each individual of the subject many is not the less in the right in

endeavouring to release himself from under it: he is not only […?] to himself but to

all others who are in his case.

§ Nobilitas sola atque unica virtus.

036_060.xml

Title: [[xxxvi. 47] 1821 May 15 Constitut]

Description: [xxxvi. 47]

1821 May 15

Constitut. Code

First Lines

Ch Delusion

Instruments [...?...?...?...?...?...?]

\PS\ Instruments of misrule - their comparative mischievousness.

1. Force is on this occasion out of the question.

2. Intimidation, on this occasion the question is, between intimidation, or say force and intimidation on the one hand and corruption and delusion on the other.

1. Evils produced by force and intimidation are -

1. Pain of actual sufferance, in so far as they are actually applied. This is confined to the actual sufferers and their immediate connections.

2. Pain of apprehension: viz. of like sufferance from like causes. This pervades the whole community, applying to every individual member of it.

A 3. A sense of coercion: viz compulsory and restrictive: A more particularly restrictive. This operates in a more particular manner in repression of productive labour and thence in diminution of the matter of abundance and means of subsistence: the sense of insecurity being general, the sense of insecurity in respect of property and thence in respect of the fruits of labour is involved in it.

In the case of corruption where corruption is the only instrument employed no one of all these evils has place.

So likewise in the case of delusion, where delusion is the only instrument, or corruption and delusion are the only instruments, none of all these evils has place

A Note stating the state of the Turkish and Spanish Government as compared with that of England in the misgovernment of which corruption and delusion have the greatest share.

[xxxvi. 48]

1821 May 15

First Lines

Constitutional Instruments

2. Evils of corruption.

By corruption considered in itself, no one of the evils which as above have been seen produced by force and intimidation are produced. But as compared with force and intimidation, corruption has the same object and effect, viz. sacrifice of the greatest interest of the greatest number, to the interests real or imagined of the ruling one with or without the interest of the sub-ruling few.

Moreover of the sub-instruments of corruption viz money, power and factitious dignity, money the most surely and extensively influential is not obtained but by means of force and intimidaton: thus far then in the evils of coruption, the evils of force and intimidation are involved.

If the influence of force and intimidation is more irresistible, and, for the present, the most effective, the influence of corruption is more permanent: and the exclusion of it the more hopeless.

By force and intimidaion, resentment is excited; and, in deisr and endeavour, retribution called forth: by corruption, no such hostile passion, no such hostile endeavour or desire are produced.

By corruption - by corruptive influence on the one part, and corrupt obsequiousness on the other part - the irritation produced by force and intimidation is allayed.

Corruption, though a deadly poison, is a slow one: a poison by the progress of which no particular alarm at any particular period is produced: no alarm at any period in any degree approaching in magnitude to that of the real danger or the real mischief.

By every atom added to that of the existing mass of the matter of corruption, the effective force of the whole is of course encreased: by every addition made to it, the faclity of making further additions to it is thereby encreased: the less sensible are the subject many at whose expense the matter extracted, not only to the mischief produced by it, as above, but also to the evils produced by the force and intimidation by which it is produced: and while on the part of the sufferers themselves - while on the part of those by whom the suffering is experienced the sensibility to it is diminished, no wonder if on the part of those by whom the suffering is inflicted, the reluctance, whatsoever, if any, may at any time have existed, is diminished likewise.

Note, making exemplifications from the English Government.

[xxxvi. 49]

1821. May 15.

First Lines

Constitutional Instruments.

2. Delusion. In so far as corruption is barren of the evils which, as above, have been seen produced by force and intimidation, in so far as applied to the evil purpose in question, so, with the exception of that delusion which has religion for its sub-instrument as above /below/, is delusion.

Delusion operates partly by means of the matter of corruption as its sub-instrument, partly by other means. In so far as, for the purpose of delusion, no other means than those employed for the purpose of corruption are employed, in so far to the purpose of delusion no addition is made to the amount of the evils thereby as above produced: on the contrary, in so far as in addition to the quantity employed for the purpose of corruption any quantity of money is extracted for the special purpose of delusion, over and above whatever would have been extracted for the purpose of corruption, here then is so much evil to be set down to the account of delusion alone.

[xxxvi. 50]

1821. May 14.

First Lines.

Constitutional Instruments.

Delusion

John Bull is Gulliver under Liliputian chains insensibly applied.

One great misfortune attendant on the use made of corruption and delusion is, the extreme facility with which the fabrication of these instruments of misrule is attended. Force and intimidation are not applied without special and strenuous exertions on the part of possessors of power, specially directed to the production of obsequiousness - the desired effect. Corruption and delusion are produced by him not only without any strenuous exertions, but without so much as any expence in the article of thought: are produced by him just as well when asleep as when awake.

To exercise corruptive influence to any amount - to produce corrupt obsequiousness to any amount - it is not necessary that either endeavour, or so much as desire so to do, should have place in his mind. All that is necessary, is - the desire and the endeavour which, in his situation, is of course followed by accomplishment - the endeavour to produce and of course the production of waste. In a word, all that is necessary to him is, on every occasion that presents itself, to yield to the appetite for money in his own breast, or in the breasts of any individual or individuals connected with him in the way of interestor sympathy: for the purpose of their individual gratification, the money is put into their pockets: thereupon, by the eventual expectation of the like benefit from the like source, corruptive obsequiousness is produced in the breast and conduct of ten, twenty, or perhaps fifty times as many breasts as those in which the gratification attached to the receipt and expenditure of the money was produced.

[xxxvi. 51]

1821 May 1.

Constitut. Code

First Lines

Instruments incorporeal

2 Instruments

Notes to p.1.

(a) [Force.] Understand physical force, as where an officer of justice seizes the body of a person accused and conducts him to prison, or seizes the goods of a defendant and conducts them to a place where they are to be sold, to raise money to be applied in satisfaction for the debt due to the plaintiff.

(b) [Intimidation] By intimidation understand the production of apprehension of eventual evil as about to be applied by some functionary or functionaries of the Government in question in the name of punishment to the individual in question in the event of his performing any act of the sort in question: it being the intention of the Government in question and thereby to prevent him from so doing

(c) [Remuneration] Understand By remuneration understand

(d) [Well applied] Understand in such manner as to be conducive to the greatest happiness of the greatest numbers

(e) [Ill applied] Understand in such manner as to be detrimental to the greatest happiness of the greatest number: whether subservient or not to the interest real or supposed of the ruler or rulers by whom or by whose orders it is applied

[xxxvi. 52]

1821 July 5 1822 Aug. 10.

First Lines

Constitut Cod.

Constitutional

/[...?] Good [...?]

Incorporeal instruments

2. Delusion/

\ZA\Employ this in the Chapter of [...?] on Examinations.

Delusion is either introductive /positive/, or say insertive, or exclusive.

1. Introductive /Positive/, by introduction of false and mischievous lights.

2. Exclusive, by exclusion put upon true and useful lights.

Exclusion is either direct or indirect.

1. Direct, for instance viz by prohibition enforced by punishment, as in case of libel law.

2. Indirect: viz by invitation enforced by reward, applied to produce the introduction of such lights as are either say positively mischievous or useless and thence in a sort of negative way mischievous by drawing of, that attention and those exertions which otherwise would have been employed in the acquisition & introduction of useful lights.

Of introductive delusion an example is afforded by the encouragement given to despotism - supporting newspapers, reviews and other periodicals.

Of the indirectly exclusive delusion an example is afforded by the pains taken in both the Church of England Universities, to apply the whole time and labour of all young men of distinguished talents to the study of the most useless parts that can be found in mathematics & the greek language. This is done by attaching rewards in the shape of rich fellowships and scholarships, to what is thus held out in the character of merit: of which merit such as it is the Degrees are established by what is really the most effectual method or rather the only effectual method, viz. public examinations. In fact in Cambridge such is the effect of this device that of the whole number of three or four thousand students, all those possessed of the strongest talents are made to bestow the whole of their disposable time to the acquisition of these useful points of learning, if learning it is to be called: and such is the energy thus produced, that by it, many a healthy constitution has notoriously be injured not to say destroyed by it.

This is one of the means by which the whole [...?] of that seminary for Public men, has most effectually been abstracted from the study of government and religion through any other books than those which are put into their hands for the delusive purpose.

[xxxvi. 53]

1821 April 3

Constitut Code s

Adend.

No existing form is perhaps compleatly and [...?] unmixt It may be considered as unmixt when the [...?] is not great enough to prevent the production of the distinguishable effects.

\PS\. Constitutional Law

Considered with reference to the allotment made of the powers of government, all forms are either pure /unmixt/ or mixt Of unmixt forms of government three sorts are commonly held in view distinguished from the number of the persons to whom those powers are allotted

A /An unmixt/ democracy is that form of government in which the whole aggregate composed of all the members of the community are considered as partaking /partakers/ in the powers of government.

An unmixt Aristocracy is the form of government in which an aggregate composed of /no more than/ a portion only of the members of the community, are considered as partaking in the power of government.

An unmixt Monarchy is the form of government in which one member of the community possesses of himself /has at his own comand/ all the powers of government.

Note

The adjunct commonly employed on this occasion is pure. It has two inconveniences. One is - that to the idea of thing /object/ which it is employed to designate it adds the idea of approbation as bestowed upon that object by the speaker: the other is that it does not so clearly bring to view as does the word unmixt the relation between the hing in question, and its oposite from which the thing in question is to be distinguished.

[xxxvi. 54]

1821 April 3

First Lines

Supreme Operative

Of the Constitution in creation

I The United States American nation have a constitutiion.

Thay have a Constitutional Code: the Constitution is the system of arrangement delivered in their Code.

It has for its object the greatest happiness of the greatest numbers

In pursuit of that object the powers of government are distributed /alloted/ by the greatest number

II The Spanish nation has a Constitution

It has a Constitutional Code: the Constitution is the system of arrangement delivered in this Code

III The French nation has a Constitution It has a Charter granted by the Monarch. The Constitution is the system of arrangement delivered in that [...?] /[...?]/.

IV. The English nation has a Constitution. It has no Constitutional Code.

[xxxvi. 55]

1821 April 3

First Lines

Ch. Codification Law

/Supreme Operative.

Reform/

\ZA\ This comes after Constitutional Law

\PS\. Of Reform.

Reform, considered as compleat in the [...?] of a form /system/ of government which has for its end /object/ in view the happiness of a portion [...?] /no more than a portion/ of its members of the community with a form /system/ of government which has for its end in view the greatest happiness of the greatest number

Reform, considered as [...?] or incompleat, is every sort of [...?] what have for their end /object/ in view any [...?] made would [...?...?] as above.

[xxxvi. 56]

1821. April 9.

Constitut Code

First Lines

Constitutional Law

/Supreme Operative/

They obtain land for munificence: munificence is depradation

\PS\ To every Monarch, the people are an object of hatred and contempt.

In the view taken of the field of legislation by the scribe of the absolute Monarch, it swarms in every part with rebels. To afford security to him against the enterprises of adversaries in this shape is the most anxious of his cares. He is encompassed with enemies on all sides and at all times: the very form of his Government - the objects and designs so undisguisably evidenced by it suffices to convert into adversaries to him all men who are not so to their fellow countrymen and themselves. Of their hatred, he assures himself: of the justness of it, as well as of the impossibility of keeping it from coming into existence, he is fully conscious. The utmost he can hope for is to guard himself against that part of its effects which is most formidable to him. In this view, he scruples not to appoint punishment for the manifestation of it: punishment for all those who, seeing what he is, make known to others what they see\; punishing all who, on any occasion on which their sentiments are other than favourable to him make known those sentiments. If there be any sure methods of creating hatred, this is one of them: but seeing love hopeless, seeing every affection better than hatred inconsistent with every rational view of the case, he is content thus to draw upon himself hatred, for the additional chance which he thus thinks to give himself of escaping from the effects of it.

Thus in the case of the absolute Monarch. And in this respect the case of the limited Monarch is not materially different.

Turn now to the case of representative democracy. In the Representative Democracy, there are no rebels. In the penal code of the representative Democracy there is Government: there may therefore be resistance to Government. In the representative Democracy there are rulers: there may, therefore, be resistance to rulers. Under one Government as well as under another, resistance to rule must be punished or there is no rule. But it is punished as such and only as such, and not as rebellion. Suppose even a conspiracy to overturn the Government, and substitute to it an absolute Monarchy: for under every such democracy the supposition may be made, though under the only established democracy as yet exemplified the fact is morally impossible.

[xxxvi. 57]

1821. April 9.

Constitut. Code

First Lines

Constitutional Law.

/Supreme Operative/

Suppose then a conspiracy thus to destroy the Government. The Conspirators are enemies, but they are not rebels. The State they have placed themselves in with relation to the rulers and the rest of the community is a state of war. Being enemies, the care of self-defence renders it necessary they should be treated as such. They must be opposed, and, if possible, by any means, disabled from carrying /giving effect to/ their mischievous endeavours. But, as in the case of external enemies, so in the case of these internal ones, such means of self-defence as are least mischievous to both parties taken together, are the only means suitable or justifiable.

As to hatred - hatred fixed on one fixed object, here there is no such thing.

[xxxvi. 58]

1821 June 19

Constitut Code

England

First Lines

Supreme Operative

[...?] Reform [...?] yield

of [...?] Monarchy [...?...?]

[...?] for [...?] - Security

against [...?]

Duplication negative.

Note the check to Geo. 1. and 2. by the Pretender's party

In defence of the system of misrule as at present carried on, a plea in bar against Reform, and a plea that seems to be most generally employed and relied on, is - that the system at present pursued and acted upon /that has lace now/, is the same as that by which all the good effects that have ever been experienced, have been produced: the same on which all the praises that have ever been bestowed upon it by foreign nations as well as its own have been bestowed.

If things themselves are to be considered, and not mere words - the tings themselves and not merely the words employed in speaking of them /they are called by/, nothing can be further from the truth. The assertion, if it be any thing to the purpose, amounts to this: viz. that to the power exercised by the ruling one in conjunction with the sub-ruling few over the subject many, there exists at present checks and securities against abuse either the same as or not less effectual than, any which ever had place at any former point of time.

This will be found compleatly false and groundless whether the power of aggression on the part of the one and the few be considered or the power of self-defence on the part of the many. On the part of the rulers, the power of aggression may be distinguished into /is either/ the power of violence and the power of corruption: On the part of the people /subject many/, the power of self-defence to be distinguished into that which they exercise by their Representatives, meaning always their actual deputies and delegates freely chosen by them, and that which they exercise by themselves.

First, as to the power of aggression by violence. It consists in, and in its amount is proportioned to, the standing force of a military nature, under the absolute command of the ruling one. Of this force there are two branches: the land force and the sea force. For the period of comparison take, in the first place, the year 1753 being the fifth year of the death of George the second. /peace -/ the fifth year after the war that ceased /terminated/ in the peace of 1748.

1. Army.

[xxxvi. 59]

1821. July 3.

Constitut Code

England

First Lines

Constitutional

1. Army in 1753, 20,000. Army in 1821, 100,000.

2. Navy in 1753, 15,000. Navy in 1821, 60,000

So far as aggressive power is concerned, to say that it is no greater now than it was in 1753 is to say that one hundred thousand is no more than twenty thousand: or that sixty thousand is no more than fifteen thousand.

036_064.xml

Title: [1821 July 9 '.9. 2. Factitious]

Description: 1821 July 9

'.9.

2. Factitious mischievous

Pay of useless places /offices/, pay of needless places /offices/, overpay of overpaid places /offices/, pay of places to which no duty is attached /sinecures/ - practices, in maintenance of subject matters of property in an unmoveable or immoveable shape: sale upon disadvantageous terms of subject matters of property already in the hands of government these are the sources from which /shapes in which/ at the expence of the greatest happiness of the greatest number money is drawn /in excess is extracted/ into the hands /palms/ of /by and for the benefit of/ public functionaries