1
results found in
20 ms
Page 1
of 1
[clx. 214]
1821. May 1.
First Lines
Procedure.
/Constitutional Procedure/
Under an absolute Monarchy, so far as regards offences against Government, more particularly seditious speaking and seditious libelling, the laws being but so many instruments of hostility against the subject many, what little security they can have against the ruling one consists in, and is in proportion to the weakness of the laws: it is, therefore, for their interest - for their security - that the hand which cals itself the hand of justice should, in all such cases, be lame: as near immoveable as possible.
So likewise in /under/ a limited monarchy, and for the same reasons.
For the same reasons? yes: and for some additional ones.
Under a limited Monarchy, rather than that the whole frame of government, subjective law adjective law, administration should not be weak in that part, it is for the interest - it is for the security - of the subject many, that it be weak throughout and in the whole. For as, on the one hand, if the whole frame of government possessed any such strength either as that which it has under a Representative Democracy, or even as that which it has under an absolute government, much less can /than/ compleat execution and effect given to these laws would suffice for converting the limitd monarchy into an absolute one, so, on the other hand, under a limited monarchy, the quantity of appropriate aptitude in all its shapes kept up on the part of the subject many by those discussions which, so ong as any limitation remains, can not but continue, afford, to whatsoever is salutary and wel applied in the power of the laws, a substitute such as can have no place in company with that prostration of will and understanding and will on which an absolute Monarchy depends for its continuance
Similar Items
-
Title: [1821 April 29 Needless continued]Description: 1821 April 29 Needless continued Constitution Penal Law Under an absolute Monarchy, any discourse of a nature otherwise than agreeable to the Monarch, (or any of those by whom execution and effect is given to his will,) is, if uttered by word of mouth in the hearing of any other person, a seditious discourse: if committed to print or writing, a seditious libel: such of course is the character of every discourse by which intimation is given, that in this or that particular, still more if in general, the system pursued, or the conduct of those who act under it, might if different from what it is, be better than what it is - Under a limited Monarchy the case, is in these respects the same, Under a Representative Democracy suppose conspiracy not impossible - suppose it not groundless - still there could be no need of it. Under a Representative Democracy, individuals in any numbers, may in any place, at any times, meet and say and here /hear/ whatsoever, (whether in relation to the system pursued or in relation to the conduct of those who act under it), is agreeable to the respective speakers, to whatsoever degree it may be otherwise than agreeable to the hearers, or to their common rulers. Be the purpo/rt/se of what is thus said what it may, the speaking of it will not be seditious speaking: written or printed, unpublished or published, a paper in which it is contained, will not be a seditious libel. Suppose a proposition made for killing, or beating a Judge, a Governor, a President: for pulling down or plundering his house, a proposition to any such effect if followed by any correspondent endeavour will be an offence against person or property as the case may be and punishable as such: for a Judge, a Governor, a President is an individual: But in neither case would it be either true /lese/ Majesty humain[?] or /divine or human or/ so much as sedition: at any rate, if by the Legislature of any such state, the Judge, was suffered to punish it as such, it would be in humble imitation of an original, by the imitation of which on any one occasion, they ought to be covered with shame.
-
Title: [[clx. 345] 1822 July 12 Constitut]Description: [clx. 345] 1822 July 12 Constitut. Code Rationale Securities Counterforce 4 Legal responsibility 5. Moral ?. Expository matter? The less the quantity /mass/ of counterforce which in his endeavours to promote his particular interest at the expence of the universal interest a public functionary finds /feels/ opposed to him in other shapes, the greater the need there is of its being opposed to him in this shape /his finding something opposed to such his endeavours/. Monarchy an absolute Monarchy is therefore the sort of government in which there is the greatest need of it the need of it is most pressing, and in which accordingly if in a Monarchy the end of government was the greatest happiness of the greatest number, would be established with the greatest alacrity /promptitude/, and supported /maintained/ with the most anxious care. But in a Monarchy in general, and of Monarchies an absolute one in particular is that form of government it is not possible that the greatest happiness of the greatest number ever should have been or ever should be the end of government in which it is not possible that the end of government should ever have been or ever be any other than the greatest happiness of that one with or without some comparatively small number of sharers. Accordingly in every Monarchy not the maintenance but the suppression of this same prime security to good government and good morals has been the object of the most anxious and uninterrupted care Note after this to account for the comparative mildness of Tuscany and Russia. On the other hand for the correspondent and opposite reason the greater the counterforce having place as above in the frame of the government itself the less the need of any such /this same/ extraneous counterforce. Accordingly In the Representative Democracies of the Anglo-American United States for example, any such security might as far as /regards/ government were in question be left out of the case /omitted/ /extinguished/ with least inconvenience. Accordingly at one time, partly in consideration of the annoyance to individuals in a season of comparative inexperience endeavours were used /employed/ to extinguish it. But in that Government the greatest happiness of the greatest number being the very end, and sole end in view of the Government, and by every individual seen to be so, this security, far from being suffered to remain in an enfeebled state bound in ill-considered shackles, was soon /presently/ restored, and now for the universal comfort being set down on the rock of uncontested[?] and full experience, is established for ever in all its plenitude.
-
Title: [[clx. 221] 1821. May 3 d. First]Description: [clx. 221] 1821. May 3 d. First Lines Procedure Suppose such these abovementioned arangements carried into any thing like compleat effect, the difference /obliteration/ between a limited and an absolute Monarchy is thereby, as to all beneficial purposes that are so to the subject many, compleatly obliterated /performed/. Understand, to all purposes beneficial to the people: for, as to purposes detrimental to the people /subject many/, the consequence does not absolutely follow: for, by means of the /those/ forms of limited monarchy which may remain after the essence has vanished /been obliterated/, more of the substance /subsistence/ of the people may perhaps be squeezed out of them under the once limited monarchy, than under the originally absolute one. Of these weaknesses in the system of Judicial Procedure, the following may serve as examples: 1. Weaknesses in the law respecting /of/ Evidence: in a penal case, exclusion put upon the testimony of a Dependant if extracted by interrogation: as if, in this way, any more than in any other, there were in existence any human being less inclined to do injury to a man than the man himself is, or less likely so to do: 2. Weaknesses produced in the Law of Procedure by the principle and practice of nullificaton: the effect of proof of delinquency taken away by circumstances that have nothing to do with the question as between delinquency and non-delinquency: a mistake, real or supposed, on the part of this or that scribe employed in the prosecution 3. negligence
1
results found.
Page 1
of 1